Judge Oldshue

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

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

Toche, In re

Ruling: 
Relief from automatic stay granted to allow state court to clarify whether provision in final judgment of divorce was intended as domestic support or a property settlement. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on July 10,2020, LexisNexis #0820-052

Breland, In re

Ruling: 
Joint motion to approve compromise was denied because trustee failed to establish that theterms of the motion were fair, equitable, and in the best interests of the estate (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on April 03,2020, LexisNexis #0620-025

Mainous, In re

Ruling: 
Limited stay relief granted to allow a creditor to seek injunctive relief against the individualdebtors in state and federal courts. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on November 21,2019, LexisNexis #0120-006

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