Roby, In re
Mar
16
2023
Ruling
Proposals in debtors’ Chapter 13 plans to modify the rights of pawn creditor did not lack good faith absent evidence that debtors did not genuinely need bankruptcy relief or were not making their best efforts. (Bankr. M.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Court
:
Roby, In re
Mar
16
2023
Ruling
Proposals in debtors’ Chapter 13 plans to modify the rights of pawn creditor did not lack good faith absent evidence that debtors did not genuinely need bankruptcy relief or were not making their best efforts. (Bankr. M.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Court
:
Ingram, In re
Mar
15
2023
Ruling
Court did not find necessary cause to extend the term of a Chapter 13 plan beyond thirty-six months for the below-median debtor given the tremendous discrepancy between the value of the asset being preserved and the high cost to debtor and estate. (Bankr. N.D. Ala.)
Issue(s)
Contents of Plan; Duration of Payments.
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Court
:
Mock, In re--GulfCo of Ala., LLC v. Mock
Dec
05
2022
Ruling
Creditor failed to prove debtor obtained live check funds through actual fraud as the evidencedid not suggest anything beyond an honest but unfortunate debtor who tried to use everyavailable option to pull herself out of financial despair. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Longmire, In re
Nov
22
2022
Ruling
Debtor's motion to approve a settlement for a wrecked vehicle was conditionally granted asthe creditor's lien attached to the insurance proceeds upon the destruction of its collateral.(Bankr. S.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
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Roberts, In re
Nov
18
2022
Ruling
Creditor failed to establish by a preponderance of the evidence that she delivered or disbursedfunds to the debtor and that he accepted those funds as a loan which could form the basis of avalid claim. (Bankr. N.D. Ala.)
Issue(s)
Allowance of Claims or Interests; Objections.
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Court
:
- 11 U.S.C.
Breland, In re
Nov
18
2022
Ruling
Creditors were not entitled to administrative expense claims as they failed to prove theirefforts directly and demonstrably benefitted the estate. (Bankr. S.D. Ala.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Actual and
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Court
:
- 11 U.S.C.
Brown, In re--Campbell v. Brown
Oct
05
2022
Ruling
Motion for relief from stay denied as creditor failed to prove that the debtors' actions ofentering the property and removing items were willful or malicious (Bankr. S.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Court
:
- 11 U.S.C.
Zilkha Biomass Selma LLC, In re
Sep
30
2022
Ruling
Bank objection to previously authorized administrative expense claim for barge owner’s postpetition disposal of debtor’s hazardous pellets denied. (Bankr. S.D. Ala.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses.
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Court
:
- 28 U.S.C.
Drew v. ALG Senior, LLC
Aug
29
2022
Ruling
Proceeding comprised of purely Alabama state law claims was subject to equitable remand.(Bankr. M.D. Ala.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Personal Injury Tort and
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Court
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