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southern district of alabama

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

In re Breland

Ruling
IRS had been justified in attempts to amend proof of claim.
Issue(s)
Was IRS attempt to amend claim postpetition sufficiently basis to justify an award of fees to the debtor?

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Consumer opinion summary, case decided on May 27, 2016 , LexisNexis #0616-080

In re Ferrouillat

Ruling
Relief from stay denied where debtor established adequate protection.
Issue(s)
Should creditor be granted relief from stay or had debtor provided adequate protection?

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Consumer opinion summary, case decided on April 21, 2016 , LexisNexis #0516-076

In re Shearls

Ruling
Motion to reopen no asset case denied.
Issue(s)
Could debtors reopen their no-asset case?

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Consumer opinion summary, case decided on February 19, 2016 , LexisNexis #0316-037

Colon v. Wright (In re Wright)

Ruling
Trustee's proceeding to recover transfers made prior to conversion from chapter 11 to chapter 7 dismissed as time-barred.
Issue(s)
Should trustee's proceeding to avoid transfers made prior to conversion from chapter 11 to chapter 7 be dismissed?

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Consumer opinion summary, case decided on March 09, 2015 , LexisNexis #0515-126

Riverdale Credit Union v. Dobbs (In re Dobbs)

Ruling
Debtor credit card coordinator breached fiduciary duty to employer credit union by increasing credit card limits for debtor and spouse, resulting in nondischargeable debt.
Issue(s)
Was debt resulting from credit card coordinator's breach of fiduciary duty to employer credit card company nondischargeable?

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Consumer opinion summary, case decided on February 02, 2015 , LexisNexis #0215-122

In re McIntosh

Ruling
Reconsideration of denial of reconversion of case from chapter 7 back to chapter 13 in order to bring accident case settlement proceeds into debtors' estates denied.
Issue(s)
Whether the court should reconsider its decision not to reconvert debtors' cases from chapter 7 to chapter 13 in order that the trustee be allowed to receive into their estates and then distribute to their creditors proceeds from post-confirmation accident case settlements.

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Consumer opinion summary, case decided on January 27, 2015 , LexisNexis #0215-076

In re McIntosh

Ruling
Reconsideration of denial of reconversion of case from chapter 7 back to chapter 13 in order to bring accident case settlement proceeds into debtors' estates denied.
Issue(s)
Whether the court should reconsider its decision not to reconvert debtors' cases from chapter 7 to chapter 13 in order that the trustee be allowed to receive into their estates and then distribute to their creditors proceeds from post-confirmation accident case settlements.

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Consumer opinion summary, case decided on January 27, 2015 , LexisNexis #0215-076

Coye v. Glaude (In re Glaude)

Ruling
Failure to return down payment on house after sale fell through resulted in nondischargeable debt.
Issue(s)
Did debtor's failure to return down payment on house after sale failed to close result in nondischargeable debt?

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Consumer opinion summary, case decided on December 23, 2014 , LexisNexis #0115-049

Jackson, In re--Jackson v. Flagstar, FSB

Ruling
Loan servicer's issuance of letter to debtor which overtly demanded payment and had a coercive effect on debtor was a violation of automatic stay. (Bankr. S.D. Ala.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on December 17, 2014 , LexisNexis #0417-095