Southern District

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.)
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Consumer case opionion summary, case decided on June 03,2021, LexisNexis #0721-081

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.)
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Consumer case opionion summary, case decided on May 18,2021, LexisNexis #0721-002

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.)
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Consumer case opionion summary, case decided on May 24,2021, LexisNexis #0721-027

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.)
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Consumer case opionion summary, case decided on May 18,2021, LexisNexis #0721-002

Pugh, In re--Pugh v. Selene Fin. LP

Ruling: 
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding that did not allege violations of the Bankruptcy Code. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on March 02,2021, LexisNexis #0521-099

Dyson, In re--Dyson v. NewRez, LLC

Ruling: 
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding because there was no allegation of any violation of the Bankruptcy Code. (Bankr.S.D. Ala.)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0521-049

Dyson, In re--Dyson v. NewRez, LLC

Ruling: 
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding because there was no allegation of any violation of the Bankruptcy Code. (Bankr.S.D. Ala.)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0521-049

Taylor v. Honda Fin. Corp.

Ruling: 
Dismissal of adversary proceeding was warranted as debtor failed to respond to pleadings andcomply with court orders or attend hearings. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on February 19,2021, LexisNexis #0421-024

Mohajer 12 Corp., In re

Ruling: 
Debtor was not entitled to an order enjoining a state court receiver as it would be contrary tothe terms of a negotiated settlement agreement. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on January 22,2021, LexisNexis #0221-093

Byers, In re

Ruling: 
Motion for relief from the automatic stay was absent sufficient cause. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on August 03,2020, LexisNexis #0920-053

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