- 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.
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:
- 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
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- 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.
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:
- 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.
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:
- 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
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:
- 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.
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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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- 11 U.S.C.
Perine, In re
Jun
28
2021
Ruling
Court declined to modify the plan to increase the percentage on unsecured claims as theinsurance proceeds were a substitute for the wrecked vehicle, not new assets or valuecoming into the estate. (Bankr. S.D. Ala.)
Issue(s)
Modification of Plan After Confirmation.
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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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