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northern district of alabama

Powers v. Henderson (In re Powers)

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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Consumer opinion summary, case decided on April 15, 2016 , LexisNexis #0516-070

In re Mixson

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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Consumer opinion summary, case decided on April 14, 2016 , LexisNexis #0516-066

834 Golden Gate Lane Holdings LLC v. Savage (In re Savage)

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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Consumer opinion summary, case decided on March 04, 2016 , LexisNexis #0316-129

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

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?

ABI Membership is required to access the full summary of In re Walter Energy Inc. 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 28, 2015 , LexisNexis #0116-078

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

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?

ABI Membership is required to access the full summary of Johnson v. United States Dept of Educ. (In re Johnson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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