Oct
01
2018
Todd, In re
Ruling:
Debtors' motion to strip off unsecured mortgage was denied as it was a nonjudicialconsensual lien and could not be avoided. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-011
Jul
05
2018
Breland, In re
Ruling:
Duty to amend a debtor's schedules falls within chapter 11 trustee's duties. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-052
Mar
08
2018
Kudzu Marine Inc., In re--Littleton v. Lanac Investments, LLC
Ruling:
Court vacated its previous favorable ruling on the creditor's administrative claim as the trustee proved that the expenses for maintaining a vessel only benefitted the actual vessel and not the estate. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on March 08,2018, LexisNexis #0418-034
Feb
14
2018
Breland, In re
Ruling:
Trustee's request to approve dismissal of lawsuits regardless of whether the property interests were approved was denied as bifurcation the settlement would result in piecemealing the settlement in violation of the spirit of Rule 9019. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on February 14,2018, LexisNexis #0318-120
Oct
12
2017
Burtanog, In re
Ruling:
Movant's motion to allow Late Claim denied as court held that excusable neglect is notavailable as grounds for leave to file an untimely proof of claim in a chapter 13 case. (Bankr.S.D. Ala.)
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Consumer case opionion summary, case decided on October 12,2017, LexisNexis #1117-072
Sep
15
2017
Christopher, In re
Ruling:
Debt owed by debtor is dischargeable as creditor failed to prove that debtor engaged in fraudin accepting the pre-approved extension of credit. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on September 15,2017, LexisNexis #1017-077
Sep
06
2017
LaForce, In re
Ruling:
Spouse's equitable interest in marital property was not property of debtor's bankruptcy estate as the marital property was held in constructive trust for the spouse's benefit. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-045
Aug
18
2017
Forrester, In re--Forrester v. IRS
Ruling:
Court ruled in favor of the IRS as the debtor's liabilities were exempted from discharge.(Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on August 18,2017, LexisNexis #0917-071
Jul
25
2017
Gunn, In re
Ruling:
Court denied the mortgagee's motion to reopen the case as no stay violation existed when the state issued an ad valorem tax deed to a purchaser. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on July 25,2017, LexisNexis #0917-038
Dec
17
2014
Jackson, In re--Jackson v. Flagstar, FSB
Ruling:
Loan servicer's issuance of letter to debtor which overtly demanded payment and had a coercive effect on debtor was a violation of automatic stay. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on December 17,2014, LexisNexis #0417-095
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