Skip to main content

Page Banner(Taxonomy)

judge oldshue

Miller, In re

Ruling
Former landlord of Chapter 13 debtor was not entitled to a priority claim for an unpaidsecurity deposit under a residential lease. (Bankr. S.D. Ala.)
Issue(s)
Priorities; Order of Priorities; Money Deposited by Individual for Purchase, Lease or

ABI Membership is required to access the full summary of Miller, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 25, 2019 , LexisNexis #0120-010

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.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Mainous, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 21, 2019 , LexisNexis #0120-006

Raymond & Assocs., In re

Ruling
Divorce decree did not entitle the former spouse of a member of a limited liability company toa priority claim in the corporate debtor's bankruptcy. (Bankr. S.D. Ala.)
Issue(s)
Allowance of Claims or Interests.

ABI Membership is required to access the full summary of Raymond & Assocs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 20, 2019 , LexisNexis #0120-008

Russell, In re

Ruling
Debtor lacked the ability to include a foreclosed property in a subsequently filed Chapter 13bankruptcy after the fall of the gavel at a duly held foreclosure sale conducted in accordancewith state law. (Bankr. S.D. Ala.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.

ABI Membership is required to access the full summary of Russell, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 03, 2019 , LexisNexis #1219-022

Reid, In re--United States v. Reid

Ruling
Debt was nondischargeable where debtor sold a tractor and misappropriated the sale proceedssufficient to establish willful and malicious injury. (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 Reid, In re--United States v. Reid Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 18, 2019 , LexisNexis #0719-013

Session, In re--Session v. Am. Honda Fin. Corp.

Ruling
Creditor violated the automatic stay when it repossessed and disposed of property of debtor'sestate without first getting relief from stay. (Bankr. S.D. Ala.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Session, In re--Session v. Am. Honda Fin. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 08, 2019 , LexisNexis #0619-054

Burden, In re

Ruling
Case dismissed without a discharge for debtor's failure to file his financial managementcertificate. (Bankr. S.D. Ala.)
Issue(s)
Discharge.

ABI Membership is required to access the full summary of Burden, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 15, 2019 , LexisNexis #0519-046

Evans, In re

Ruling
Relief requested for violation of the automatic stay was denied as each offending call occurredafter the discharge order was entered. (Bankr. S.D. Ala.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

ABI Membership is required to access the full summary of Evans, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 12, 2019 , LexisNexis #0519-034

Todd, In re

Ruling
Debtors' motion to strip off unsecured mortgage was denied as it was a nonjudicialconsensual lien and could not be avoided. (Bankr. S.D. Ala.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

ABI Membership is required to access the full summary of Todd, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 01, 2018 , LexisNexis #1118-011

Breland, In re

Ruling
Duty to amend a debtor's schedules falls within chapter 11 trustee's duties. (Bankr. S.D. Ala.)
Issue(s)
Duties of Trustee and Examiner.

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

Consumer opinion summary, case decided on July 05, 2018 , LexisNexis #0818-052