Bankruptcy Court for the Middle District of Alabama Court Cases

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  1. In Re Love (2006)

    This Chapter 13 case came before the Court for a hearing on confirmation of the Debtors' Plan on June 7, 2006. The Debtors were present by counsel Michael Brock and Chapter 13 Trustee Curtis C. Reding was also present. The Chapter 13 Trustee objects to confirmation contending that the Debtors' Plan fails to pay all of their projected disposable income. (Doc. 27). The Court heard argument of counsel and briefs have been filed. (Docs.35, 37). For the reasons set forth below, the Trustee's [...]

    Court: Bankruptcy Court for the Middle District of Alabama Docket: 06-10125-WRS
  2. In Re Wright (2006)

    Centrix Funds Series CLPF ("Centrix") filed an objection on January 12, 2006 to confirmation of the chapter 13 plan proposed by the debtors. At issue is whether under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub.L. No. 109-8) ("BAPCPA") the plan may modify the contractual interest rate applicable to the creditor's secured claim.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: 05-34240-DHW
  3. In Re Horn (2006)

    On January 5, 2006, City Finance Company filed an objection to confirmation of Carrie S. Horn's chapter 13 plan. At issue is whether the claim of City Finance must be treated as fully secured under provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. No. 109-8)("BAPCPA").


    Court: Bankruptcy Court for the Middle District of Alabama Docket: 05-34246-DHW
  4. In Re Navarre (2004)

    This Chapter 7 bankruptcy case is before the Court on the Trustee's objection to Debtor Tony Navarre's claim of exemption relating to his interest in an inherited Individual Retirement Account (IRA), which he received upon the death of his mother. (Doc. 17). Navarre claims that his interest in the proceeds is exempt from the bankrupt estate pursuant to Alabama Code § 19-3-1. (Doc. 14). The matter was heard on March 2, 2004. Navarre was present by counsel Earl Gillian, Jr., and Chapter 7 [...]

    Court: Bankruptcy Court for the Middle District of Alabama Docket: 03-33940-WRS
  5. In Re Briskey (2001)

    This Chapter 13 case is before the Court upon two separate motions filed the Debtor: (1) Motion for Release of Garnishment (Doc. 7); and (2) the Debtor's Motion to Extend Time to Begin Chapter 13 Payments. (Doc. 9). For the reasons set forth below, both motions are DENIED.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: 01-239-WRS
  6. In Re Wynn (2001)

    In this Adversary Proceeding, the Court is called upon to determine whether the Debtor has failed to keep sufficient recorded information and documents from which his financial condition and business transactions might be ascertained. The Trustee in bankruptcy and three creditors contend that he did not and that his discharge should be denied pursuant to 11 U.S.C. § 727(a)(3). Trial of the Adversary Proceeding concluded on December 15, 2000. At the Court's request, all parties filed proposed [...]

    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 99-5171-WRS. Adversary No. 00-10-WRS
  7. In Re Cottrell (1996)

    On Monday, October 7, 1996 the court called the above case for a hearing. At that time, the parties were offered an opportunity to present evidence and oral argument on the issue of whether there was a valid foreclosure sale[1] of plaintiff's residence. The foreclosure sale of the residence of Odell Cottrell was conducted by Rural Housing Service[2], (hereafter "RHS"), on May 9, 1996. Plaintiff filed Chapter 13 on May 10, 1996, one day after the foreclosure sale.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 96-02043-RRS-13, Adversary No. 96-00149-AP-RRS-13
  8. In Re Frye (1985)

    On September 10, 1984, the plaintiffs filed a complaint to have this court determine the dischargeability of a debt in the amount of $40,364.00 interest and costs, based upon a judgment obtained in the Chancery Court of Hamilton County, Tennessee, Case No. 59-918 on May 21, 1984.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 84-00674, Adv. No. 84-0079
  9. In Re Ray Brooks MacHinery Co., Inc. (1989)

    A hearing on the trustee's objection to the claim filed in this case by Bucyrus Construction Products, Division of Northwest Engineering Company was held February 28, 1989. This is the second such hearing. The classification of the claim by this court after the first hearing was appealed to the District court.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 86-00528-APG
  10. In Re Bragg (1985)

    The motion of Roslyn Weed Bragg for an order of contempt and sanctions against a creditor, AmSouth Bank, was heard November 20, 1985. Present for the debtor were Roslyn Weed Bragg and her counsel. Present for AmSouth Bank were Mr. Conway, an officer of AmSouth Bank, and counsel.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 85-01535
  11. In Re Wedlo, Inc. (1996)

    The plaintiff commenced this adversary proceeding in the Circuit Court for Barbour County, Alabama in April 1995. Union Security Life Insurance Company filed a cross claim against Wedlo, Inc. for indemnification.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 96-B-2702, Adversary No. 96-B-00038-APG
  12. In Re Shortsleeve (2006)

    Before the court is the defendants' motion to dismiss the complaint pursuant to Fed. R. Civ. Proc. 12(h)(1) and (6).[1] For the reasons that follow, the motion will be granted as to the Fair Debt Collection Practices Act counts but denied as to the 11 U.S.C. § 524 counts.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 04-12862-DHW, Adversary No. 06-01080-DHW
  13. In Re Etheridge (2003)

    Checkcare asserts that (1) the debtor has not devoted all of her disposable income to fund the plan, (2) the plan has not been proposed in good faith, and (3) the plan unfairly discriminates against Checkcare and other unsecured creditors. The court disagrees.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: 02-32347-DHW
  14. In Re Terry Mfg. Co., Inc. (2005)

    This Adversary Proceeding is before the Court upon the motion of Defendant Southern Mills, Inc. (Southern Mills) for partial summary judgment.[1] (Doc. 24). This matter was called for hearing on June 7, 2005. The Plaintiff and Trustee of Terry Manufacturing Company, Inc. (Terry Manufacturing) and Terry Uniform Company, LLC. (Terry Uniform), J. Lester Alexander, III, (Trustee)[2] filed its opposition to the Defendant's motion on May 20, 2005. (Doc. 27). Southern Mills filed a reply memorandum in [...]

    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 03-32063-WRS, Bankruptcy No. 03-32213-WRS, Adversary No. 04-3081-WRS
  15. In Re Baxter (2007)

    Curtis C. Reding, chapter 13 trustee, filed a motion to modify the confirmed plan in this case. The trustee requests that the non-exempt, net proceeds due to the debtors from settlement of a lawsuit be paid under, the plan for the benefit of unsecured creditors. The debtors object to the motion. A hearing to consider the motion was held on May 9, 2007. Subsequent to the hearing, the parties filed a joint statement of stipulated facts and respective briefs of law.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: 06-10672-DHW
  16. In Re McLaney (2004)

    John Frank and Robin P. McLaney filed a complaint on October 21, 2003 to determine the dischargeability of their student loan debts to Kentucky Higher Education Assistance Authority ("KHEAA").[1] Trial was held in Dothan, Alabama on July 14, 2004. Ray T. Kennington represented the McLaneys; William M. Halcomb represented KHEAA.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 03-10251-DHW. Adversary No. 03-1122-DHW
  17. In Re Shell (2004)

    This Chapter 7 case came before the Court upon the Bankruptcy Administrator's Motion to Examine Debtor's Transactions with Attorney. (Doc. 12). The motion was heard on March 2, 2004, and May 18, 2004. Several submissions of documents and memoranda have been made by the Bankruptcy Administrator and the Debtor's counsel. (Docs. 16,17, 22).


    Court: Bankruptcy Court for the Middle District of Alabama Docket: 03-33687-WRS
  18. In Re Bawden (1985)

    The debtor's complaint to determine dischargeability of a debt was heard October 22, 1985. Present were counsel for the plaintiff debtor and counsel for defendant Alabama Commission on Higher Education.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Adv. No. 85-0097
  19. In Re Old South Transp. Co., Inc. (1991)

    Old South Transportation Company, Inc., a trucking entity, filed a petition under chapter 11 on May 19, 1989.[1] On August 30, 1990, the case was converted to a case under chapter 7. During this fifteen-month period, a local attorney served as attorney for the debtor in possession.[2]


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 89-01763-APG
  20. In Re Gostian (1997)

    The order avoided the lien to the extent that the lien impaired the allowed exemptions of the debtors.[1] However, the order did not determine whether the lien actually impaired an exemption of specific property.


    Court: Bankruptcy Court for the Middle District of Alabama Docket: Bankruptcy No. 96-3532-APG

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