Brown, In re--Brown v. Williamson & Brown, LLC
Dec
15
2017
Ruling
Court will not sanction defendants as it held that it is not the proper forum for hearing thedebtor's claim against defendants for there were alternative remedies available to debtor.(Bankr. N.D. Ala.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
- 11 U.S.C.
Floyd v. Floyd (In re Floyd)
Sep
27
2017
Ruling
Debt that arised from an obligation to make mortgage payments deemed dischargeable as itwas a property settlement based on the language of the divorce decree. (Bankr. N.D. Ala.)
Issue(s)
Discharge; Full-Compliance Discharge; Section 523(a) Exceptions Apply.
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Court
:
Staggs, In re--Westlake Flooring Co., LLC v. Staggs
Sep
22
2017
Ruling
Debt owed by the debtor discharged as the creditor failed to show that the debtor acted intentionally to cause injury, embezzled funds, or committed defalcation while acting in a fiduciary capacity. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Johnson, In re
Sep
06
2017
Ruling
Punitive damages awarded in favor of the debtor where creditor wilfully violated the automatic stay by intentionally continuing to collect a prepetition debt after receiving knowledge of the debtor's bankruptcy. (Bankr. N.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
White, In re
May
18
2017
Ruling
Motion for relief from the automatic stay denied because debtor did not provide falseinformation on her credit application and the proposed lower rate interest was not indicativeof a lack of good faith. (Bankr. N.D. Ala.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Johnson, In re--Johnson v. Antoine
May
05
2017
Ruling
Buyer did not violate discharge injunction in suing debtors as she was not a creditor in theirbankruptcy schedules. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge.
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Court
:
Arrington, In re--Arrington v. Ocwen Loan Servicing, LLC
Feb
28
2017
Ruling
Mortgage servicer enjoined from commencing or continuing proceedings to foreclose mortgaged property and ordered to appear to show cause. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
Becker, In re
Feb
14
2017
Ruling
Creditor was not entitled to an extension of the deadline to file a nondischargeabilitycomplaint as the deadline was an inflexible deadline. (Bankr. N.D. Ala.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under § 523(c) in a Chapter 7 Liquidation, Chapter 11 Reorganization, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case; Notice of Time Fixed.
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Court
:
- 11 U.S.C.
Mt. Farms, LLC, In re
Feb
14
2017
Ruling
Relief from stay was granted where court deemed that there was no stay in effect in propertyas it was not a property of the bankruptcy estate. (Bankr. N.D. Ala.)
Issue(s)
Meetings of Creditors and Equity Security Holders.
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Court
:
Hulslander, In re
Feb
07
2017
Ruling
Relief from judgment denied because the relief the creditor sought would require the court to set aside the debtors' discharge, thereby relieving the creditor of the consequences of not filing a timely proof of claim. (Bankr. N.D. Ala.)
Issue(s)
Relief From Judgment or Order.
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Court
: