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District of alabama

Northington, In re--Gulfco of Alabama, LLC v. Northington

Ruling
Debt was not excepted from discharge where debtor's endorsement of prior live checks by thelender and his repayment of the loans associated with those checks did not constitute a falserepresentation. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Commercial opinion summary, case decided on September 25, 2023 , LexisNexis #1123-089

Holmes, In re

Ruling
Trustee and a bank creditor were entitled to dismissal of debtor's Chapter 13 case as the debtorwas ineligible for bankruptcy relief as his case was filed within 180 days of his voluntarydismissal of a prior case. (Bankr. M.D. Ala.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary

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Consumer opinion summary, case decided on September 11, 2023 , LexisNexis #1123-026

Luxe Spaces, LLC, In re--Luxe Spaces, LLC v. Quick Funding, LLC

Ruling
Motion to dismiss granted where debtor sufficiently stated a claim that creditor and a secondcompany were a single business enterprise that would be liable for any avoidance judgment.(Bankr. M.D. La.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on September 06, 2023 , LexisNexis #1023-091

Karr, In re

Ruling
Court authorized the turnover and sale of entire co-owned property as the appropriate meansfor liquidating the estate's one-half interest. (Bankr. N.D. Ala.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on August 29, 2023 , LexisNexis #1123-006

Page, In re--Satija v. Page

Ruling
Debtor knowingly and intentionally violated a definite and specific order of the courtrequiring her to deliver post-petition distributions to the trustee. (Bankr. W.D. Tex.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Consumer opinion summary, case decided on August 03, 2023 , LexisNexis #0923-090

Adair, In re--Stutsman Constr., LLC v. Adair

Ruling
Judgment creditor's debt was nondischargeable on account of alleged willful and maliciousinjury based on the creditor's testimony as to the work completed and its significant financialinjury suffered by not getting paid in full. (Bankr. M.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on July 14, 2023 , LexisNexis #0923-035

Craig, In re

Ruling
Trustee who did not perform any non-trustee duties was not entitled to attorney fees forherself. (Bankr. S.D. Ala.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on June 12, 2023 , LexisNexis #0823-027

Hill, In re

Ruling
Bankruptcy code did not require that Chapter 13 plans be modified to account for postpetition personal injury claim proceeds as the claims were assets, not income. (Bankr. S.D. Ala.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on May 30, 2023 , LexisNexis #0823-040

Scott, In re

Ruling
Application for compensation filed by a debtor's attorney was approved over the objection of the Chapter 13 trustee but only for a fee which represented 87 percent of the then "no look" fee for a confirmed Chapter 13 case. (Bankr. M.D. La.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on April 05, 2023 , LexisNexis #0623-026

Simmons, In re--Simmons v. Pingora Loan Serv. LLC

Ruling
Creditor's right to full repayment, whether from insurance proceeds or otherwise, prior to releasing lien, could not be modified in Chapter 13 case. (Bankr. N.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Commercial opinion summary, case decided on April 04, 2023 , LexisNexis #0623-018