Aug
24
2021
Abrams, In re
Ruling:
Plan modifications sought by the trustee were not warranted as the amount of the paymentincrease requested was unnecessary per the terms of the confirmation order. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Abrams, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 24,2021, LexisNexis #1221-023
Sep
24
2021
Wright, In re
Ruling:
Trustee's objection to confirmation of debtors' Chapter 13 plan was sustained as debtors didnot show that the plan met the best interests of creditors test with respect to two propertiesabsent proper valuation. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Wright, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 24,2021, LexisNexis #1121-044
Sep
20
2021
Zilkha Biomass Selma, LLC, In re
Ruling:
Co-defendants' motion to extend the automatic stay denied as the automatic stay does notprovide a mechanism to extend the stay to non-debtors. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Zilkha Biomass Selma, LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 20,2021, LexisNexis #1121-028
Sep
14
2021
Zilkha Biomass Selma, LLC, In re
Ruling:
Extension of automatic stay to state court non-filing co-defendants of Chapter 7 debtor was notwarranted absent showing that a judgment against the co-defendants would amount to ajudgment against debtor. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Zilkha Biomass Selma, LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 14,2021, LexisNexis #1121-003
Sep
14
2021
Clearpoint Chems., LLC, In re
Ruling:
Chapter 11 plan was not proposed in bad faith as the overall effect of the plan was to allowdebtor to continue to operate, maintain its employees and pay its administrative, priority andsecured claims. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Clearpoint Chems., LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 14,2021, LexisNexis #1121-019
Sep
14
2021
Graham, In re
Ruling:
Objection to confirmation of debtors' Chapter 13 plan was overruled as debtors' pawn contracton their vehicle had not matured pre-petition so they retained legal title and possession of thevehicle when the bankruptcy was filed. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Graham, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 14,2021, LexisNexis #1121-021
Jun
28
2021
Perine, In re
Ruling:
Court declined to modify the plan to increase the percentage on unsecured claims as theinsurance proceeds were a substitute for the wrecked vehicle, not new assets or valuecoming into the estate. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Perine, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 28,2021, LexisNexis #1021-021
Jun
03
2021
Breland, In re
Ruling:
Trustee's motion to sell property free and clear of liens was denied where trustee did not havethe requisite knowledge of the negotiations, the property or the permitting to make aninformed analysis. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Breland, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 03,2021, LexisNexis #0721-081
May
18
2021
Session v. Am. Honda Fin. Corp.
Ruling:
Debtor was entitled to an award of punitive damages because debtor sustained actual damagesfor her loss of equity in the vehicle due to the creditor's violation of the automatic stay. (Bankr.S.D. Ala.)
ABI Membership is required to access the full summary of Session v. Am. Honda Fin. Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 18,2021, LexisNexis #0721-002
May
24
2021
Breland, In re
Ruling:
Debtor's motion for stay pending resolution of a constitutional issue on appeal was denieddue to lack of likelihood of success and failure to demonstrate irrevocable harm would result.(Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Breland, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 24,2021, LexisNexis #0721-027
Pages
