Skip to main content

Page Banner(Taxonomy)

northern district of alabama

Rose v. Logan

Ruling
Shareholder of debtor lacked standing to appeal order for sale of estate property.
Issue(s)
Did trustee's failure to obtain an appraisal of property and alleged misrepresentation of a realtor's opinion of value as an appraisal warrant reversal of the bankruptcy court's orders pertaining to trustee's sale of debtor's real property?

ABI Membership is required to access the full summary of Rose v. Logan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 25, 2014 , LexisNexis #0714-040

Townsend v. Direct Buy

Ruling
Twenty-one post-notice of filing debits from debtor's checking account by creditor violated stay.
Issue(s)
Did creditor violate the automatic stay by debiting debtor's checking account 21 times for $100 each after receiving notice of debtor's chapter 13 bankruptcy case?

ABI Membership is required to access the full summary of Townsend v. Direct Buy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 28, 2014 , LexisNexis #0314-109

In re Threatt

Ruling
Confirmation of below median debtor's plan denied due to term of more than three years and lack of good faith.
Issue(s)
Should confirmation of below median debtor's plan be denied due to excessive length of the plan's term and proposal to retain a more expensive and newer automobile while surrendering a less expensive and older vehicle.

ABI Membership is required to access the full summary of In re Threatt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 21, 2014 , LexisNexis #0214-067

Vision Bank v. Harless (In re Harless)

Ruling
Claim was nondischargeable due to debtor's willful removal of fixtures and damage to property.
Issue(s)
Was amount spent by creditor on repairs to property allegedly damaged by debtor nondischargeable?

ABI Membership is required to access the full summary of Vision Bank v. Harless (In re Harless) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 27, 2013 , LexisNexis #1213-084

Lioce v. Heinz (In re Heinz)

Ruling
Discharge denied due to lost records and false statements in schedules.
Issue(s)
Should discharge be denied due to debtor's failure to list checking accounts, failure to amend her schedules postconversion to reflect ledger balance, misrepresentations of income, and failures to disclose transfers to spouse and son or current address.

ABI Membership is required to access the full summary of Lioce v. Heinz (In re Heinz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 12, 2013 , LexisNexis #1213-023

Woody v. Woody (In re Woody)

Ruling
Former spouse's property settlement with debtor over restaurant profits was dischargeable.
Issue(s)
Was debt to former spouse for lost profits of restaurant business nondischargeable.

ABI Membership is required to access the full summary of Woody v. Woody (In re Woody) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 06, 2013 , LexisNexis #1113-117

In re Curtis

Ruling
Debtor could cure arrearage under agreement for deed over life of plan as secured claim.
Issue(s)
Could agreement for deed be treated as a secured claim under debtor's chapter 13 plan.

ABI Membership is required to access the full summary of In re Curtis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 19, 2013 , LexisNexis #1013-027

Merchant v. Hill (In re Hill)

Ruling
Restitution ordered in theft conviction was nondischargeable.
Issue(s)
Was restitution ordered as part of criminal sentence for theft nondischargeable.

ABI Membership is required to access the full summary of Merchant v. Hill (In re Hill) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 16, 2013 , LexisNexis #1013-011

Stuart v. Mendenall (In re Mendenall)

Ruling
Extension of time to file nondischargeability proceeding ran from original deadline, not date of order.
Issue(s)
Whether a generic extension of the time for a creditor to file a complaint against the debtor, objecting to the dischargeability of a debt, ran from the date of the order granting the extension or from the date of the original deadline.

ABI Membership is required to access the full summary of Stuart v. Mendenall (In re Mendenall) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 31, 2013 , LexisNexis #0813-104

Gilliland v. Gilliland (In re Gilliland)

Ruling
Debtor's obligation to maintain life insurance in favor of former spouse was nondischargeable.
Issue(s)
Whether a debtor was allowed to discharge an obligation he had to maintain a life insurance policy that designated his former spouse as the sole beneficiary.

ABI Membership is required to access the full summary of Gilliland v. Gilliland (In re Gilliland) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 29, 2013 , LexisNexis #0813-088