Alabama

Hulslander, In re

Ruling: 
Relief from judgment denied because the relief the creditor sought would require the court to set aside the debtors' discharge, thereby relieving the creditor of the consequences of not filing a timely proof of claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 07,2017, LexisNexis #0317-060

Tomberlin, In re--Carin v. Wall & Assocs.

Ruling: 
Defendant's motion to compel arbitration granted as the fraudulent transfer claim isessentially an extension of the breach of contract claim, thus enforcing arbitration does notinherently conflict with the underlying purposes of the bankruptcy code. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-022

Hines v. Scottsboro Inv. Grp., LLC (In re Hines)

Ruling: 
Motion to avoid lien placed by LLC on debtor's home was barred by res judicata. (Bankr. N.D.Ala.)
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Consumer case opionion summary, case decided on January 10,2017, LexisNexis #0217-033

USAmeriBank v. Strength (In re Strength)

Ruling: 
Debt was not excepted from discharge as bank's reliance on financial statements provided bydebtor was not reasonable. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on December 20,2016, LexisNexis #0117-073

Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC)

Ruling: 
Creditor failed to show that preferential transfers from debtor were made in ordinary courseof business. (Bankr. N.D. Ala.)
ABI Membership is required to access the full summary of Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 20,2016, LexisNexis #0117-075

Kaye v. Barber Milk, LLC (In re BFW Liquidation, LLC)

Ruling: 
Transfers are avoidable as defendants cannot use the paid new value to reduce their liability.(Bankr. N.D. Ala.)
ABI Membership is required to access the full summary of Kaye v. Barber Milk, LLC (In re BFW Liquidation, LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 20,2016, LexisNexis #0117-076

Ellswick v. Quantum3 Grp., LLC (In re Ellswick)

Ruling: 
Creditor’s failure to include copy of credit agreement with proof of claim did not give rise to aFair Debt Collection Practices Act claim. (Bankr. N.D. Ala.)
ABI Membership is required to access the full summary of Ellswick v. Quantum3 Grp., LLC (In re Ellswick). 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 November 23,2016, LexisNexis #1216-087

Edwards Specialties, Inc. v. Olive Props. (In re Edwards)

Ruling: 
Creditor could set off debtor’s judgment against judgments held against individual andcorporate debtors. (Bankr. N.D. Ala.)
ABI Membership is required to access the full summary of Edwards Specialties, Inc. v. Olive Props. (In re Edwards). 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 July 06,2016, LexisNexis #1216-019

In re Russell

Ruling: 
Trustee could not modify plan to include automobile accident case settlement proceeds afterexpiration of three-year commitment period. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on June 22,2016, LexisNexis #1116-134

Johnson v. Sallie Mae Inc. (In re Johnson)

Ruling: 
Undue hardship discharge of student loan debt denied where debtor’s situation was not likelyto persist and there had been no good faith efforts to repay. (Bankr. M.D. Ala.)
ABI Membership is required to access the full summary of Johnson v. Sallie Mae Inc. (In re Johnson). 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 June 08,2016, LexisNexis #1116-119

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