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Alabama

Williams v. Mitchell

Ruling: 
Creditor's motions to reject automobile leases and turn over the vehicles were denied as itcould not prevail on the post-confirmation challenge due to the binding effect of debtors'confirmed chapter 13 plan. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on June 16,2017, LexisNexis #0717-081

Johnson, In re--Johnson v. Antoine

Ruling: 
Buyer did not violate discharge injunction in suing debtors as she was not a creditor in theirbankruptcy schedules. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on May 05,2017, LexisNexis #0717-014

White, In re

Ruling: 
Motion for relief from the automatic stay denied because debtor did not provide falseinformation on her credit application and the proposed lower rate interest was not indicativeof a lack of good faith. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on May 18,2017, LexisNexis #0617-063

Trammell Family Orange Beach Props. LLC, In re

Ruling: 
Cases transferred to the district court where the bankruptcy filings were not part of a goodfaith effort to reorganize but rather a tactical effort to transfer the fraudulent conveyance caseto the bankruptcy court. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on April 10,2017, LexisNexis #0517-086

Trammell Family Lake Martin LLC, In re

Ruling: 
Relief from automatic stay granted where pursuit of the action and abstention was warranted for any proceedings that conflicted with the fraudulent conveyance suit transferred to the Southern district. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on April 04,2017, LexisNexis #0517-059

Jackson, In re--Jackson v. Flagstar, FSB

Ruling: 
Loan servicer's issuance of letter to debtor which overtly demanded payment and had a coercive effect on debtor was a violation of automatic stay. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on December 17,2014, LexisNexis #0417-095

Becker, In re

Ruling: 
Creditor was not entitled to an extension of the deadline to file a nondischargeabilitycomplaint as the deadline was an inflexible deadline. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-088

Mt. Farms, LLC, In re

Ruling: 
Relief from stay was granted where court deemed that there was no stay in effect in propertyas it was not a property of the bankruptcy estate. (Bankr. N.D. Ala.)
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Commercial case opionion summary, case decided on February 14,2017, LexisNexis #0317-063

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

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