Abrams, In re
Aug
24
2021
Ruling
Plan modifications sought by the trustee were not warranted as the amount of the paymentincrease requested was unnecessary per the terms of the confirmation order. (Bankr. S.D. Ala.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
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:
Breland, In re
Jun
03
2021
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.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any
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:
Breland, In re
May
24
2021
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.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
Session v. Am. Honda Fin. Corp.
May
18
2021
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.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Session v. Am. Honda Fin. Corp.
May
18
2021
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.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
Taylor v. Honda Fin. Corp.
Feb
19
2021
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.)
Issue(s)
Dismissal of Adversary Proceedings.
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Court
:
- 11 U.S.C.
Mohajer 12 Corp., In re
Jan
22
2021
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.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further
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Court
:
- 11 U.S.C.
Byers, In re
Aug
03
2020
Ruling
Motion for relief from the automatic stay was absent sufficient cause. (Bankr. S.D. Ala.)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
Toche, In re
Jul
10
2020
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.)
Issue(s)
Automatic Stay.
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Court
:
( Judge Oldshue ) [ Bankruptcy Court ]
Breland, In re
Apr
03
2020
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.)
Issue(s)
Compromise and Arbitration.
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Court
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