Trammell Family Lake Martin LLC, In re
Apr
04
2017
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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Court
:
- 11 U.S.C.
USAmeriBank v. Strength (In re Strength)
Dec
20
2016
Ruling
Debt was not excepted from discharge as bank's reliance on financial statements provided bydebtor was not reasonable. (Bankr. M.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
In re Roach
Aug
25
2016
Ruling
Stay terminated in debtor’s second bankruptcy absent extension although the stay continuedwith regard to property of the estate. (Bankr. M.D. Ala.)
Issue(s)
Whether, pursuant to 11 U.S.C. § 362(c)(3)(A), the automatic stay completely terminates as to property of the debtor and the estate, or whether it merely terminates as to property of the debtor, when an individual debtor files chapter 13 within one
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Court
:
- 11 U.S.C.
In re Scarver
Aug
23
2016
Ruling
Debtor could modify plan after motor vehicle was damaged in an accident. (Bankr. M.D. Ala.)
Issue(s)
Whether a Chapter 13 debtor acting in good faith may modify her confirmed plan to surrender collateral and reclassify any deficiency balance as an unsecured claim?
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Court
:
- 11 U.S.C.
Thomas v. Seterus Inc. (In re Thomas)
Aug
16
2016
Ruling
Mortgage lender’s letters threatening to charge debtor’s for hazard insurance premiums didnot violate the automatic stay. (Bankr. M.D. Ala.)
Issue(s)
Did bank willfully violated the automatic stay by sending debtors monthly mortgage statements and letters threatening to charge them for force-placed hazard insurance on the mortgaged property?
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Court
:
- 11 U.S.C.
Edwards v. Colin (In re Colin)
Aug
16
2016
Ruling
Property settlement was not a nondischargeable domestic support obligation. (Bankr. M.D.Ala.)
Issue(s)
Was debt a nondischargeable domestic support obligation or a dischargeable property settlement?
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Court
:
In re Scott
Aug
15
2016
Ruling
Compromise on creditor’s request for relief from stay denied as not in best interests of theestate. (Bankr. M.D. Ala.)
Issue(s)
Whether to approve a joint motion to compromise a judgment lien creditor's motion for stay relief to recover distributions due debtor from his parents' probate estates.
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Court
:
- 11 U.S.C.
USAmeriBank v. Strength (In re Strength)
Aug
08
2016
Ruling
Debt was dischargeable where creditor could not establish fraud. (Bankr. M.D. Ala.)
Issue(s)
Was debt nondischargeable on grounds of fraud?
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Court
:
In re Dubose
Aug
02
2016
Ruling
Trustee was required to disburse funds returned to estate by IRS post-dismissal to unsecuredcreditors who had not been paid in full upon discharge. (Bankr. M.D. Ala.)
Issue(s)
What was the proper post-dismissal distribution of funds returned by the IRS to the chapter 13 trustee?
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Court
:
Liberty Bank and Trust Co. Successor v. Danley (In re Danley)
Jul
08
2016
Ruling
State law ejectment proceeding following foreclosure conducted pursuant to relief from stay remanded.
Issue(s)
Should post-relief from stay, post-foreclosure ejectment proceeding be remanded to state court?
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Court
: