Judge Barrett

Meeks v. Nalley (In re Nalley)

Ruling: 
Division of property in debtor's consent divorce decree was void as entered in violation of stay.
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Consumer case opionion summary, case decided on March 26,2014, LexisNexis #0414-110

Carney v. CitiMortgage Inc. (In re Carney)

Ruling: 
Debtor's claims against law firm for failing to prevent foreclosure were property of the estate and should not be dismissed.
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Consumer case opionion summary, case decided on March 24,2014, LexisNexis #0414-055

Boudreaux v. Berdon Oil (In re Saraland LLLP)

Ruling: 
Summary judgment in avoidance proceeding denied where evidence did not preclude possibility that payments were authorized use of property of the estate.
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Commercial case opionion summary, case decided on January 21,2014, LexisNexis #0314-075

Yearby v. Shekastehband (In re Yearby)

Ruling: 
Landlord's testimony in grand jury investigation that led to debtor's incarceration did not violate stay.
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Consumer case opionion summary, case decided on November 22,2013, LexisNexis #1213-074

Wallace v. McFarland (In re McFarland)

Ruling: 
Transfer avoided as actively and constructively fraudulent.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-125

Tillimon v. Mack (In re Mack)

Ruling: 
Check drawn on insufficient funds was not basis for nondischargeable debt absent evidence of fraudulent intent, larceny or embezzlement.
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Consumer case opionion summary, case decided on July 23,2013, LexisNexis #0813-053

In re Carlyle

The chapter 13 trustee objected to the debtor's plan on the ground that the marital adjustments the debtor took on Lines 13 and 19 of her "Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income" means-test form were inappropriate.
Ruling: 
Payments on non-debtor husband's truck were not made for household expenses and could be deducted from income calculations.
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Consumer case opionion summary, case decided on July 17,2013, LexisNexis #0813-030

Tipsy McStumbles LLC v. Griffin (In re Griffin)

Creditors filed an adversary complaint for a judgment that a monetary sanction owed by defendant debtor under a contempt judgment entered by a federal district court (FDC) based on debtor's conduct in violating a preliminary injunction (PI) was nondischargeable in debtor's chapter 7 per 11 U.S.C.S. § 523(a)(7).
Ruling: 
Contempt sanction was not payable to governmental unit and was dischargeable.
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Consumer case opionion summary, case decided on May 10,2013, LexisNexis #0613-054

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