- 11 U.S.C.
Todd, In re
Oct
01
2018
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.
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Court
:
- 11 U.S.C.
Breland, In re
Jul
05
2018
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.
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Court
:
Kudzu Marine Inc., In re--Littleton v. Lanac Investments, LLC
Mar
08
2018
Ruling
Court vacated its previous favorable ruling on the creditor's administrative claim as the trustee proved that the expenses for maintaining a vessel only benefitted the actual vessel and not the estate. (Bankr. S.D. Ala.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.
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Breland, In re
Feb
14
2018
Ruling
Trustee's request to approve dismissal of lawsuits regardless of whether the property interests were approved was denied as bifurcation the settlement would result in piecemealing the settlement in violation of the spirit of Rule 9019. (Bankr. S.D. Ala.)
Issue(s)
Compromise and Arbitration.
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Court
:
- 11 U.S.C.
Burtanog, In re
Oct
12
2017
Ruling
Movant's motion to allow Late Claim denied as court held that excusable neglect is notavailable as grounds for leave to file an untimely proof of claim in a chapter 13 case. (Bankr.S.D. Ala.)
Issue(s)
Filing of Proofs of Claims or Interests.
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Court
:
- 11 U.S.C.
Christopher, In re
Sep
15
2017
Ruling
Debt owed by debtor is dischargeable as creditor failed to prove that debtor engaged in fraudin accepting the pre-approved extension of credit. (Bankr. S.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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LaForce, In re
Sep
06
2017
Ruling
Spouse's equitable interest in marital property was not property of debtor's bankruptcy estate as the marital property was held in constructive trust for the spouse's benefit. (Bankr. S.D. Ala.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
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Court
:
- 11 U.S.C.
Forrester, In re--Forrester v. IRS
Aug
18
2017
Ruling
Court ruled in favor of the IRS as the debtor's liabilities were exempted from discharge.(Bankr. S.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations.
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Gunn, In re
Jul
25
2017
Ruling
Court denied the mortgagee's motion to reopen the case as no stay violation existed when the state issued an ad valorem tax deed to a purchaser. (Bankr. S.D. Ala.)
Issue(s)
Closing and Reopening Cases; When to Reopen.
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Court
:
- 11 U.S.C.
In re Ferrouillat
Oct
24
2016
Ruling
Relief from stay denied where creditor was adequately protected. (Bankr. S.D. Ala.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.
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Court
: