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southern district of alabama

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.

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Consumer opinion summary, case decided on May 06, 2020 , LexisNexis #0620-079

Breland, In re

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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Consumer opinion summary, case decided on April 03, 2020 , LexisNexis #0620-025

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

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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.

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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.

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

Cochran, In re--Azalea City Credit Union v. Cochran

Ruling
Debt was dischargeable where there was no evidence that debtor engaged in any intentionalfraud or deceit sufficient to rise to the level of false pretenses. (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 August 28, 2019 , LexisNexis #1019-084

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.

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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

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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.

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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.

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