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District of alabama

Byers, In re

Ruling
Motion for relief from the automatic stay was absent sufficient cause. (Bankr. S.D. Ala.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on August 03, 2020 , LexisNexis #0920-053

Toche, In re

Ruling
Relief from automatic stay granted to allow state court to clarify whether provision in final judgment of divorce was intended as domestic support or a property settlement. (Bankr. S.D. Ala.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on July 10, 2020 , LexisNexis #0820-052

Bozeman, In re

Ruling
Chapter 13 debtor was entitled to discharge as all allowed claims were paid in full andobjection to late amended claim of mortgagee was sustained. (Bankr. M.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions.

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Consumer opinion summary, case decided on June 09, 2020 , LexisNexis #0720-072

Womack, In re

Ruling
Pawnshop's rights were subject to modification in proposed plan as the debtor’s contract hadnot matured as of the petition date. (Bankr. M.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on June 09, 2020 , LexisNexis #0720-073

Glenn, In re--Glenn v. Army & Air Force Exch. Servs.

Ruling
Debtor's counsel was awarded reasonable attorney's fee to commensurate with the time andeffort reasonably required to rectify the stay violation. (Bankr. S.D. Ala.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on May 06, 2020 , LexisNexis #0620-079

Breland, In re

Ruling
Joint motion to approve compromise was denied because trustee failed to establish that theterms of the motion were fair, equitable, and in the best interests of the estate (Bankr. S.D. Ala.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on April 03, 2020 , LexisNexis #0620-025

McKinney v. 2nd Chance Auto Sales, Inc.

Ruling
Creditor enjoined from taking any further action to garnish Chapter 13 trustee as it failed tofirst obtain leave from the court. (Bankr. M.D. Ala.)
Issue(s)
Trustees and Receivers Suable; Management; State Laws; Who May Be Sued.

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Consumer opinion summary, case decided on January 30, 2020 , LexisNexis #0320-046

Jones, In re--Wheeler Bros. v. Jones

Ruling
District court judgment debt was nondischargeable due to operation of collateral estoppel.(Bankr. M.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 January 24, 2020 , LexisNexis #0320-009

West, In re

Ruling
Judicial lien was avoided to the extent it impaired debtors' exemptions. (Bankr. N.D. Ala.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Extent of Impairment; Calculation.

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Consumer opinion summary, case decided on January 15, 2020 , LexisNexis #0220-079

Butler, In re

Ruling
Debtor could modify loan secured by vehicle purchased for the exclusive and personal use ofhis girlfriend. (Bankr. M.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on December 05, 2019 , LexisNexis #0120-069