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District of alabama

Kessler, In re--Hagan v. Kessler

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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Consumer opinion summary, case decided on June 14, 2021 , LexisNexis #0821-017

Breland, In re

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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Consumer opinion summary, case decided on June 03, 2021 , LexisNexis #0721-081

Breland, In re

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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Consumer opinion summary, case decided on May 24, 2021 , LexisNexis #0721-027

Session v. Am. Honda Fin. Corp.

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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Consumer opinion summary, case decided on May 18, 2021 , LexisNexis #0721-002

Session v. Am. Honda Fin. Corp.

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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Consumer opinion summary, case decided on May 18, 2021 , LexisNexis #0721-002

Rodriguez, In re--Signal Asset Mgmt., LLC v. Rodriguez

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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Consumer opinion summary, case decided on March 30, 2021 , LexisNexis #0521-063

Stanford, In re

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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Consumer opinion summary, case decided on March 15, 2021 , LexisNexis #0521-018

Pugh, In re--Pugh v. Selene Fin. LP

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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Consumer opinion summary, case decided on March 02, 2021 , LexisNexis #0521-099

Connell, In re

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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Consumer opinion summary, case decided on March 02, 2021 , LexisNexis #0421-031

Dyson, In re--Dyson v. NewRez, LLC

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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Consumer opinion summary, case decided on February 24, 2021 , LexisNexis #0521-049