Judge Oldshue

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

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

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

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

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

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

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