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southern district of alabama

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.

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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.

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

Kudzu Marine Inc., In re--Littleton v. Lanac Investments, LLC

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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Commercial opinion summary, case decided on March 08, 2018 , LexisNexis #0418-034

Breland, In re

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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Consumer opinion summary, case decided on February 14, 2018 , LexisNexis #0318-120

Burtanog, In re

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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Consumer opinion summary, case decided on October 12, 2017 , LexisNexis #1117-072

Christopher, In re

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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Consumer opinion summary, case decided on September 15, 2017 , LexisNexis #1017-077

LaForce, In re

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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Consumer opinion summary, case decided on September 06, 2017 , LexisNexis #1017-045

Forrester, In re--Forrester v. IRS

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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Consumer opinion summary, case decided on August 18, 2017 , LexisNexis #0917-071

Gunn, In re

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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Consumer opinion summary, case decided on July 25, 2017 , LexisNexis #0917-038

In re Ferrouillat

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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Consumer opinion summary, case decided on October 24, 2016 , LexisNexis #1116-080