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northern district of alabama

Haynie, In re--Bryant Bank v. Haynie

Ruling
Record did not show that the debtor acted with the specific purpose of causing injury to thebank even though the court found the debtor's conduct was malicious. (Bankr. N.D. Ala.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1123-059

Hayward, In re--Hayward v. United States Dep't of Educ.

Ruling
Department of Education was entitled to summary judgment on a debtor's claim seeking todischarge student loans where the consolidation loans arose after he filed his Chapter 7bankruptcy petition. (Bankr. W.D. Tex.)
Issue(s)
Discharge; Debts Affected.

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Commercial opinion summary, case decided on September 26, 2023 , LexisNexis #1223-017

Luxe Spaces, LLC, In re--Luxe Spaces, LLC v. Quick Funding, LLC

Ruling
Motion to dismiss granted where debtor sufficiently stated a claim that creditor and a secondcompany were a single business enterprise that would be liable for any avoidance judgment.(Bankr. M.D. La.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on September 06, 2023 , LexisNexis #1023-091

Karr, In re

Ruling
Court authorized the turnover and sale of entire co-owned property as the appropriate meansfor liquidating the estate's one-half interest. (Bankr. N.D. Ala.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on August 29, 2023 , LexisNexis #1123-006

Page, In re--Satija v. Page

Ruling
Debtor knowingly and intentionally violated a definite and specific order of the courtrequiring her to deliver post-petition distributions to the trustee. (Bankr. W.D. Tex.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Consumer opinion summary, case decided on August 03, 2023 , LexisNexis #0923-090

Adair, In re--Stutsman Constr., LLC v. Adair

Ruling
Judgment creditor's debt was nondischargeable on account of alleged willful and maliciousinjury based on the creditor's testimony as to the work completed and its significant financialinjury suffered by not getting paid in full. (Bankr. M.D. La.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on July 14, 2023 , LexisNexis #0923-035

Scott, In re

Ruling
Application for compensation filed by a debtor's attorney was approved over the objection of the Chapter 13 trustee but only for a fee which represented 87 percent of the then "no look" fee for a confirmed Chapter 13 case. (Bankr. M.D. La.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on April 05, 2023 , LexisNexis #0623-026

Simmons, In re--Simmons v. Pingora Loan Serv. LLC

Ruling
Creditor's right to full repayment, whether from insurance proceeds or otherwise, prior to releasing lien, could not be modified in Chapter 13 case. (Bankr. N.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Commercial opinion summary, case decided on April 04, 2023 , LexisNexis #0623-018

Ingram, In re

Ruling
Court did not find necessary cause to extend the term of a Chapter 13 plan beyond thirty-six months for the below-median debtor given the tremendous discrepancy between the value of the asset being preserved and the high cost to debtor and estate. (Bankr. N.D. Ala.)
Issue(s)
Contents of Plan; Duration of Payments.

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Consumer opinion summary, case decided on March 15, 2023 , LexisNexis #0523-021

Roberts, In re

Ruling
Creditor failed to establish by a preponderance of the evidence that she delivered or disbursedfunds to the debtor and that he accepted those funds as a loan which could form the basis of avalid claim. (Bankr. N.D. Ala.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on November 18, 2022 , LexisNexis #0123-58