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Alabama

Staggs, In re--Westlake Flooring Co., LLC v. Staggs

Ruling: 
Debt owed by the debtor discharged as the creditor failed to show that the debtor acted intentionally to cause injury, embezzled funds, or committed defalcation while acting in a fiduciary capacity. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on September 22,2017, LexisNexis #1017-102

Arrington, In re--Arrington v. Ocwen Loan Servicing, LLC

Ruling: 
Mortgage servicer enjoined from commencing or continuing proceedings to foreclose mortgaged property and ordered to appear to show cause. (Bankr. N.D. Ala.)
ABI Membership is required to access the full summary of Arrington, In re--Arrington v. Ocwen Loan Servicing, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 28,2017, LexisNexis #1017-104

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.)
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Consumer case opionion 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.)
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Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-045

Johnson, In re

Ruling: 
Punitive damages awarded in favor of the debtor where creditor wilfully violated the automatic stay by intentionally continuing to collect a prepetition debt after receiving knowledge of the debtor's bankruptcy. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on September 06,2017, LexisNexis #1017-035

Moorer, In re

Ruling: 
Modification of a confirmed plan allowed to allow debtor to surrender collateral to a securedcreditor. (Bankr. M.D. Ala.)
ABI Membership is required to access the full summary of Moorer, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 15,2017, LexisNexis #0917-087

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.)
ABI Membership is required to access the full summary of Forrester, In re--Forrester v. IRS. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 18,2017, LexisNexis #0917-071

Carroll, In re--Jacobs v. Carroll

Ruling: 
Debtor's discharge would not be denied as the debtor's misstatements in her schedules wasnot done with fraudulent intent. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 15,2017, LexisNexis #0917-080

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.)
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Consumer case opionion summary, case decided on July 25,2017, LexisNexis #0917-038

Stokes, In re--Motors Acceptance Corp. v. Stokes

Ruling: 
Court deemed as dischargeable debts which arose post-petition but which were made preconversionas they were treated as pre-petition debts. (Bankr. M.D. Ala.)
ABI Membership is required to access the full summary of Stokes, In re--Motors Acceptance Corp. v. Stokes. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 03,2017, LexisNexis #0917-018

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