Becker, In re
Feb
14
2017
Ruling
Creditor was not entitled to an extension of the deadline to file a nondischargeabilitycomplaint as the deadline was an inflexible deadline. (Bankr. N.D. Ala.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under § 523(c) in a Chapter 7 Liquidation, Chapter 11 Reorganization, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case; Notice of Time Fixed.
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Court
:
- 11 U.S.C.
Mt. Farms, LLC, In re
Feb
14
2017
Ruling
Relief from stay was granted where court deemed that there was no stay in effect in propertyas it was not a property of the bankruptcy estate. (Bankr. N.D. Ala.)
Issue(s)
Meetings of Creditors and Equity Security Holders.
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Court
:
Hulslander, In re
Feb
07
2017
Ruling
Relief from judgment denied because the relief the creditor sought would require the court to set aside the debtors' discharge, thereby relieving the creditor of the consequences of not filing a timely proof of claim. (Bankr. N.D. Ala.)
Issue(s)
Relief From Judgment or Order.
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Court
:
Hines v. Scottsboro Inv. Grp., LLC (In re Hines)
Jan
10
2017
Ruling
Motion to avoid lien placed by LLC on debtor's home was barred by res judicata. (Bankr. N.D.Ala.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC)
Dec
20
2016
Ruling
Creditor failed to show that preferential transfers from debtor were made in ordinary courseof business. (Bankr. N.D. Ala.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
- 11 U.S.C.
Kaye v. Barber Milk, LLC (In re BFW Liquidation, LLC)
Dec
20
2016
Ruling
Transfers are avoidable as defendants cannot use the paid new value to reduce their liability.(Bankr. N.D. Ala.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
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Court
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Ellswick v. Quantum3 Grp., LLC (In re Ellswick)
Nov
23
2016
Ruling
Creditor’s failure to include copy of credit agreement with proof of claim did not give rise to aFair Debt Collection Practices Act claim. (Bankr. N.D. Ala.)
Issue(s)
Proof of Claim; Who May Execute.
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Court
:
- 11 U.S.C.
Avadian Credit Union v. Hamm (In re Hamm)
Jul
07
2016
Ruling
Auto loan balance was dischargeable as damage caused in accident while debtor was driving while intoxicated was not a willful or malicious injury.
Issue(s)
Was debt owed to auto loan creditor for damage incurred to motor vehicle when debtor was driving while intoxicated nondischargeable as caused by willful or malicious conduct?
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Court
:
- 11 U.S.C.
Edwards Specialties, Inc. v. Olive Props. (In re Edwards)
Jul
06
2016
Ruling
Creditor could set off debtor’s judgment against judgments held against individual andcorporate debtors. (Bankr. N.D. Ala.)
Issue(s)
Setoff.
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Court
:
- 11 U.S.C.
Sithole v. Redstone Fed. Credit Union (In re Bevin Sithole SSN XXX-XX-3690)
Jul
01
2016
Ruling
Second mortgage on residence being rebuilt after tornado was partially secured and could not be avoided.
Issue(s)
Could second mortgage on residence being rebuilt after a tornado be avoided?
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Court
: