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Johnson, In re

Ruling
Court upheld partial commission claim for auction of estate property as debtor agreed to terms and estate benefited, but denied full commission due to lack of court approval and improper handling of motor vehicles. (Bankr. S.D. Ala.)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-052

Cicco, In re

Ruling
Debtor's request to set aside the order to commence cure payments was denied as there was no reasonable justification for delaying the payments. (Bankr. S.D. Ala.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.

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Consumer opinion summary, case decided on October 03, 2024 , LexisNexis #1224-056

McCaskey, In re

Ruling
Debtor's inability to deliver physical possession of an ATV did not constitute a material default under the Chapter 13 plan or cause to dismiss the case as it had not been shown that debtor concealed the collateral or perpetrated a fraud. (Bankr. S.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-072

Thomas, In re--Hail Naw Roofing & Remodeling v. Thomas

Ruling
Court declared state court judgment debt nondischargeable based on preclusive effect of priorruling on contract validity and debtor's fraudulent inducement of services through falsepretenses. (Bankr. S.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 22, 2024 , LexisNexis #0924-064

Tarver, In re

Ruling
Debtor's ex-wife was entitled to have her claim treated as a priority claim as debtor'sobligation was to be considered a domestic support obligation in the nature of post-maritalsupport. (Bankr. S.D. Ala.)
Issue(s)
Priorities; Order of Priorities; Domestic Support Obligations; Nonassigned Claims.

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Consumer opinion summary, case decided on April 02, 2024 , LexisNexis #0624-086

Jackson, In re--Jackson v. Flagstar, FSB

Ruling
Loan servicer's issuance of letter to debtor which overtly demanded payment and had a coercive effect on debtor was a violation of automatic stay. (Bankr. S.D. Ala.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on December 17, 2014 , LexisNexis #0417-095