- 11 U.S.C.
Ezell, In re
Apr
01
2024
Ruling
Closing Chapter 13 case without a discharge was warranted as the debtor's objections hadalready been adjudicated in numerous forums on multiple occasions and further hearingswere barred by the Rooker-Feldman Doctrine. (Bankr. S.D. Ala.)
Issue(s)
Power of Court.
ABI Membership is required to access the full summary of Ezell, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Longmire, In re
Nov
22
2022
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
ABI Membership is required to access the full summary of Longmire, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Breland, In re
Nov
18
2022
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.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Actual and
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
Court
:
- 11 U.S.C.
Brown, In re--Campbell v. Brown
Oct
05
2022
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
ABI Membership is required to access the full summary of Brown, In re--Campbell v. Brown Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Zilkha Biomass Selma LLC, In re
Sep
30
2022
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.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses.
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
Court
:
- 11 U.S.C.
Wright, In re
Sep
24
2021
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No
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
Court
:
- 11 U.S.C.
Zilkha Biomass Selma, LLC, In re
Sep
20
2021
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.)
Issue(s)
Automatic Stay.
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
Court
:
- 11 U.S.C.
Zilkha Biomass Selma, LLC, In re
Sep
14
2021
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.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against
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
Court
:
- 11 U.S.C.
Clearpoint Chems., LLC, In re
Sep
14
2021
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.)
Issue(s)
Confirmation of Plan; Requirements; Plan Proposed in Good Faith.
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
Court
:
- 11 U.S.C.
Graham, In re
Sep
14
2021
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.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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
Court
: