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southern district of alabama

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.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on May 18, 2021 , LexisNexis #0721-002

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.)
Issue(s)
Automatic Stay; Remedies for Violation.

ABI Membership is required to access the full summary of 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 May 18, 2021 , LexisNexis #0721-002

Pugh, In re--Pugh v. Selene Fin. LP

Ruling
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding that did not allege violations of the Bankruptcy Code. (Bankr. S.D. Ala.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Consumer opinion summary, case decided on March 02, 2021 , LexisNexis #0521-099

Dyson, In re--Dyson v. NewRez, LLC

Ruling
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding because there was no allegation of any violation of the Bankruptcy Code. (Bankr.S.D. Ala.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Consumer opinion summary, case decided on February 24, 2021 , LexisNexis #0521-049

Dyson, In re--Dyson v. NewRez, LLC

Ruling
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding because there was no allegation of any violation of the Bankruptcy Code. (Bankr.S.D. Ala.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

ABI Membership is required to access the full summary of Dyson, In re--Dyson v. NewRez, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 24, 2021 , LexisNexis #0521-049

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.)
Issue(s)
Dismissal of Adversary Proceedings.

ABI Membership is required to access the full summary of Taylor v. 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 February 19, 2021 , LexisNexis #0421-024

Mohajer 12 Corp., In re

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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Commercial opinion summary, case decided on January 22, 2021 , LexisNexis #0221-093

Byers, In re

Ruling
Motion for relief from the automatic stay was absent sufficient cause. (Bankr. S.D. Ala.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on August 03, 2020 , LexisNexis #0920-053

Toche, In re

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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Consumer opinion summary, case decided on July 10, 2020 , LexisNexis #0820-052

Glenn, In re--Glenn v. Army & Air Force Exch. Servs.

Ruling
Debtor's counsel was awarded reasonable attorney's fee to commensurate with the time andeffort reasonably required to rectify the stay violation. (Bankr. S.D. Ala.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Glenn, In re--Glenn v. Army & Air Force Exch. Servs. 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 06, 2020 , LexisNexis #0620-079