Alabama

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.)
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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

In re Ferrouillat

Ruling: 
Relief from stay denied where creditor was adequately protected. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on October 24,2016, LexisNexis #1116-080

In re Atchison

Ruling: 
Claim secured by manufactured home that was considered personal property under state lawcould be modified in plan. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on September 12,2016, LexisNexis #1016-031

In re Roach

Ruling: 
Stay terminated in debtor’s second bankruptcy absent extension although the stay continuedwith regard to property of the estate. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 25,2016, LexisNexis #0916-084

In re Scarver

Ruling: 
Debtor could modify plan after motor vehicle was damaged in an accident. (Bankr. M.D. Ala.)
ABI Membership is required to access the full summary of In re Scarver. 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 23,2016, LexisNexis #0916-065

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