Kessler, In re--Hagan v. Kessler
Jun
14
2021
Ruling
Debtor was denied a discharge as she recorded a mortgage on her property with her husbandas mortgagee and operating as a company that had been out of business for more than 20years. (Bankr. N.D. Ala.)
Issue(s)
Discharge; Grounds for Denial.
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Breland, In re
Jun
03
2021
Ruling
Trustee's motion to sell property free and clear of liens was denied where trustee did not havethe requisite knowledge of the negotiations, the property or the permitting to make aninformed analysis. (Bankr. S.D. Ala.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any
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Court
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Breland, In re
May
24
2021
Ruling
Debtor's motion for stay pending resolution of a constitutional issue on appeal was denieddue to lack of likelihood of success and failure to demonstrate irrevocable harm would result.(Bankr. S.D. Ala.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
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Session v. Am. Honda Fin. Corp.
May
18
2021
Ruling
Debtor was entitled to an award of punitive damages because debtor sustained actual damagesfor her loss of equity in the vehicle due to the creditor's violation of the automatic stay. (Bankr.S.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
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Session v. Am. Honda Fin. Corp.
May
18
2021
Ruling
Debtor was entitled to an award of punitive damages because debtor sustained actual damagesfor her loss of equity in the vehicle due to the creditor's violation of the automatic stay. (Bankr.S.D. Ala.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
Rodriguez, In re--Signal Asset Mgmt., LLC v. Rodriguez
Mar
30
2021
Ruling
Debt was dischargeable where creditor failed to prove that debtor made a direct, falserepresentation that he engaged in a series of transactions with reckless disregard for the truth.(Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
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Stanford, In re
Mar
15
2021
Ruling
Chapter 11 case dismissed or converted as the creditor demonstrated conduct thatrepresented gross mismanagement of the estate. (Bankr. N.D. Ala.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
:
Pugh, In re--Pugh v. Selene Fin. LP
Mar
02
2021
Ruling
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding that did not allege violations of the Bankruptcy Code. (Bankr. S.D. Ala.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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Court
:
- 11 U.S.C.
Connell, In re
Mar
02
2021
Ruling
Debtor’s objection to her former wife’s claim for child support is sustained as the claim wasuntimely, and she also failed to object to confirmation of debtor's Chapter 13 plan. (Bankr.M.D. Ala.)
Issue(s)
Automatic Stay; Relief From Stay; For Cause.
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Court
:
Dyson, In re--Dyson v. NewRez, LLC
Feb
24
2021
Ruling
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding because there was no allegation of any violation of the Bankruptcy Code. (Bankr.S.D. Ala.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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Court
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