Nov
22
2022
Longmire, In re
Ruling:
Debtor's motion to approve a settlement for a wrecked vehicle was conditionally granted asthe creditor's lien attached to the insurance proceeds upon the destruction of its collateral.(Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on November 22,2022, LexisNexis #0123-75
Nov
18
2022
Breland, In re
Ruling:
Creditors were not entitled to administrative expense claims as they failed to prove theirefforts directly and demonstrably benefitted the estate. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on November 18,2022, LexisNexis #0123-60
Oct
05
2022
Brown, In re--Campbell v. Brown
Ruling:
Motion for relief from stay denied as creditor failed to prove that the debtors' actions ofentering the property and removing items were willful or malicious (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on October 05,2022, LexisNexis #1222-039
Sep
30
2022
Zilkha Biomass Selma LLC, In re
Ruling:
Bank objection to previously authorized administrative expense claim for barge owner’s postpetition disposal of debtor’s hazardous pellets denied. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on September 30,2022, LexisNexis #1222-005
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.)
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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.)
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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.)
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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.)
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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.)
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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.)
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Consumer case opionion summary, case decided on September 14,2021, LexisNexis #1121-021
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