Hines v. Scottsboro Inv. Grp., LLC (In re Hines)
Jan
10
2017
Ruling
Motion to avoid lien placed by LLC on debtor's home was barred by res judicata. (Bankr. N.D.Ala.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Kaye v. Barber Milk, LLC (In re BFW Liquidation, LLC)
Dec
20
2016
Ruling
Transfers are avoidable as defendants cannot use the paid new value to reduce their liability.(Bankr. N.D. Ala.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
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Court
:
- 11 U.S.C.
Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC)
Dec
20
2016
Ruling
Creditor failed to show that preferential transfers from debtor were made in ordinary courseof business. (Bankr. N.D. Ala.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
Ellswick v. Quantum3 Grp., LLC (In re Ellswick)
Nov
23
2016
Ruling
Creditor’s failure to include copy of credit agreement with proof of claim did not give rise to aFair Debt Collection Practices Act claim. (Bankr. N.D. Ala.)
Issue(s)
Proof of Claim; Who May Execute.
ABI Membership is required to access the full summary of Ellswick v. Quantum3 Grp., LLC (In re Ellswick) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Avadian Credit Union v. Hamm (In re Hamm)
Jul
07
2016
Ruling
Auto loan balance was dischargeable as damage caused in accident while debtor was driving while intoxicated was not a willful or malicious injury.
Issue(s)
Was debt owed to auto loan creditor for damage incurred to motor vehicle when debtor was driving while intoxicated nondischargeable as caused by willful or malicious conduct?
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Court
:
- 11 U.S.C.
Edwards Specialties, Inc. v. Olive Props. (In re Edwards)
Jul
06
2016
Ruling
Creditor could set off debtor’s judgment against judgments held against individual andcorporate debtors. (Bankr. N.D. Ala.)
Issue(s)
Setoff.
ABI Membership is required to access the full summary of Edwards Specialties, Inc. v. Olive Props. (In re Edwards) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sithole v. Redstone Fed. Credit Union (In re Bevin Sithole SSN XXX-XX-3690)
Jul
01
2016
Ruling
Second mortgage on residence being rebuilt after tornado was partially secured and could not be avoided.
Issue(s)
Could second mortgage on residence being rebuilt after a tornado be avoided?
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Court
:
- FRBP
Powers v. Henderson (In re Powers)
Apr
15
2016
Ruling
Stay pending appeal of dismissal of debtor's sixth bankruptcy case denied.
Issue(s)
Should debtor be granted a stay pending appeal of the dismissal of debtor's sixth bankruptcy case?
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Court
:
In re Mixson
Apr
14
2016
Ruling
Hardship discharge denied to incarcerated debtor but granted to debtor spouse.
Issue(s)
Were married debtors entitled to hardship discharges?
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Court
:
- 11 U.S.C.
834 Golden Gate Lane Holdings LLC v. Savage (In re Savage)
Mar
04
2016
Ruling
Debtor spouse CPA denied discharge due to numerous omissions from statement of financial affairs.
Issue(s)
Should debt be held nondischargeable or should debtor spouse's discharge be denied due to false oaths and omissions in schedules and statement of financial affairs?
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Court
: