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northern district of alabama

In re Walter Energy Inc.

Ruling
Debtor could reject collective bargaining agreements in order to facilitate sale of business as a whole.
Issue(s)
Could debtor reject collective bargaining agreements in order to facilitate the sale of substantially all its assets?

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Commercial opinion summary, case decided on December 28, 2015 , LexisNexis #0116-102

In re Walter Energy Inc.

Ruling
Payment of retention bonuses to key employees of debtor approved.
Issue(s)
Could retention bonuses be paid to debtor's key employees?

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Commercial opinion summary, case decided on December 28, 2015 , LexisNexis #0116-078

In re Walter Energy Inc.

Ruling
Debtor could reject executory contracts with another energy company.
Issue(s)
Could debtor reject executor contracts entered into with another energy company?

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Commercial opinion summary, case decided on December 28, 2015 , LexisNexis #0116-079

Johnson v. United States Dept of Educ. (In re Johnson)

Ruling
Discharge of student loan debt denied absent undue hardship.
Issue(s)
Was debtor who had paid almost all of the principal balance of his student loans entitled to an undue hardship discharge of the remaining balance, including extensive penalties and interest?

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Consumer opinion summary, case decided on November 24, 2015 , LexisNexis #1215-053

Brown v. Midland Credit Mgmt. (In re Brown)

Ruling
Bankruptcy court had jurisdiction over debtor's proceeding alleging creditor violated the Fair Debt Collection Practices Act by filing a proof of claim.
Issue(s)
Should debtor's proceeding alleging violation of the Fair Debt Collection Practices Act be dismissed based upon lack of subject matter jurisdiction, or alternatively, based upon the res judicata effect of the confirmed plan?

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Consumer opinion summary, case decided on September 29, 2015 , LexisNexis #1015-102

Jenkins v. Midland Credit Mgmt. (In re Jenkins)

Ruling
Filing a stale proof of claim was not grounds for sanctions.
Issue(s)
Was filing of a time-barred proof of claim grounds for sanctions?

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Consumer opinion summary, case decided on September 17, 2015 , LexisNexis #1015-070

In re Christian

Ruling
Grounds to reopen case did not exist where liens securing unscheduled debt had been avoided.
Issue(s)
Could case be reopened to list unscheduled debts?

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Consumer opinion summary, case decided on September 15, 2015 , LexisNexis #1015-041

In re Davis

Ruling
Debtors' attorneys properly sanctioned for acting in bad faith.
Issue(s)
Should attorneys be sanctioned for their surreptitious arrangement to collect fees and expenses from the debtor in this case and from debtors in at least 291 additional cases?

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Consumer opinion summary, case decided on April 07, 2015 , LexisNexis #0415-106

Thomas v. Educational Credit Mgmt. Corp. (In re Thomas)

Ruling
Debtor with good prospects for employment not entitled to an undue hardship discharge of student loan debt.
Issue(s)
Was unemployed debtor with degree in criminal justice entitled to an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on December 08, 2014 , LexisNexis #0115-052

Owen v. Garrett Auto Sales LLC (In re Owen)

Ruling
Debtor lacked standing to proceed against creditor for violation of stay for acting against vehicle that was property of the estate.
Issue(s)
Could debtor proceed against creditor for violation of stay by acting against motor vehicle that was property of the estate?

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Consumer opinion summary, case decided on September 08, 2014 , LexisNexis #1014-009