Skip to main content

Page Banner(Taxonomy)

northern district of alabama

Hall, In re

Ruling
Adversary proceeding dismissed as defendant LLC properly excluded the $9.75 access fee fromthe finance charge. (Bankr. N.D. Ala.)
Issue(s)
Allowance of Claims or Interests.

ABI Membership is required to access the full summary of Hall, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 05, 2019 , LexisNexis #0319-031

Powers, In re

Ruling
Creditor's motion for relief from stay against co-debtor granted as debtor's husband was a co-mortgagor with debtor and debtor's plan did not propose to pay the creditor's claim. (Bankr. N.D. Ala.)
Issue(s)
Stay of Action Against Codebtor; Relief from Stay; Payment of Claim Not Proposed in Plan.

ABI Membership is required to access the full summary of Powers, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 28, 2018 , LexisNexis #1018-055

Nix, In re--PNC BANK, N.A. v. Nix

Ruling
Debt was nondischargeable under 11 U.S.C. § 523(a)(6) as debtor sold membership units without informing the bank and failed to inform the buyer that the units were pledged to the bank. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

ABI Membership is required to access the full summary of Nix, In re--PNC BANK, N.A. v. Nix Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 06, 2018 , LexisNexis #0818-048

Johnson, In re--Johnson v. United States Dep't of Educ.

Ruling
Recusal was not warranted as debtor has not shown the appearance of partiality. (Bankr. N.D. Ala.)
Issue(s)
Disqualification of Justice, Judge, or Magistrate Judge.

ABI Membership is required to access the full summary of Johnson, In re--Johnson v. United States Dep't of Educ. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 23, 2018 , LexisNexis #0618-117

White, In re

Ruling
LLC and attorney violated the court's order implementing a settlement agreement when they filed disclosure statements in chapter 7 bankruptcy cases that required payment of fees for legal services they agreed to provide without charge. (Bankr. N.D. Ala.)
Issue(s)
Restrictions on Debtor Relief Agencies.

ABI Membership is required to access the full summary of White, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 19, 2018 , LexisNexis #0518-100

Adams, In re

Ruling
Court overruled debtor's objection to SSA's proof of claim as his belief that his income for one month should not have been considered because he was within a trial work period did not rise to the level of a substantial factual basis sufficient to overcome the presumption of validity. (Bankr. N.D. Ala.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation; Applicability to Certain Code Sections.

ABI Membership is required to access the full summary of Adams, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 09, 2018 , LexisNexis #0518-119

Goodson, In re--Goodson v. Goodson

Ruling
Debtor's ex-wife and ex-wife's attorney violated automatic stay as they continued with a civilcontempt proceeding even with knowledge of debtor's bankruptcy filing. (Bankr. N.D. Ala.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Goodson, In re--Goodson v. Goodson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 05, 2018 , LexisNexis #0318-065

New Wei, Inc., In re

Ruling
Claimant was not entitled for allowance and payment of an administrative expense claim asthe employment agreement providing for severance pay under certain conditions was a prepetitioncontract, and as such, any amounts due under the contract were pre-petition claims.(Bankr. N.D. Ala.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

ABI Membership is required to access the full summary of New Wei, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 24, 2018 , LexisNexis #0318-008

New Wei, Inc., In re

Ruling
Claimant was not entitled for allowance and payment of an administrative expense claim asthe employment agreement providing for severance pay under certain conditions was a prepetitioncontract, and as such, any amounts due under the contract were pre-petition claims.(Bankr. N.D. Ala.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

ABI Membership is required to access the full summary of New Wei, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 24, 2018 , LexisNexis #0318-008

Atherotech, Inc., In re--Reynolds v. Behrman

Ruling
Court, under it's discretion, ordered the remand of the case, as the circumstances of the case indicated that such action was proper. (Bankr. N.D. Ala.)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; Remand on Equitable Grounds.

ABI Membership is required to access the full summary of Atherotech, Inc., In re--Reynolds v. Behrman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 20, 2017 , LexisNexis #0118-116