Bankruptcy Court for the Northern District of Alabama Court Cases

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  1. Matter of Arnold (1997)

    This matter is before the Court on debtor's motion to determine the validity of certain indebtedness to Stevenson Federal Credit Union. The Court reopened this case at debtor's request by order dated January 9, 1997 and scheduled an evidentiary hearing on the 4th day of February, 1997. This is a core proceeding under 28 U.S.C. § 157(a), (b)(2)(I), (J), (O) over which this Court has jurisdiction pursuant to 28 U.S.C. §§ 1334, 157(b)(1). Upon due consideration of the pleadings, arguments of [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 87-08730-JAC-7
  2. In Re Henderson (1996)

    This case presents an issue not decided in any reported decision of which this Court is aware—whether a bankruptcy court may sua sponte transfer a case which was filed in the wrong district. This matter came before the court on March 26, 1996, for a hearing on the Court's "rule to show cause," entered March 12, 1996. The order required the debtors and the debtors' attorney to appear before the court and "show good cause why this case should not be dismissed out of Court or transferred for [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 96-40614
  3. In Re Miller (2007)

    The dispute before the Court concerns the proper application of the disposable income test to above median income debtors under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). This case came before the Court on trustee's objection to confirmation of the debtors' proposed Chapter 13 plan on the grounds that the debtors are not committing all of their projected disposable income to make payments to unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(B). The [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: 06-81889-JAC-13
  4. In Re White (1999)

    The matters before the Court are motions for summary judgment filed by the United States Department of Education ("USDE") and the Nebraska Student Loan Program ("NSLP"), the remaining defendants.[1] After notice, a hearing was held on March 10, 1999. Ms. Kimberly B. Glass, the debtors' attorney; Mr. Leon Kelly, the government's attorney; and Mr. Mark Williams, the attorney for NSLP, appeared.


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 98-03248-BGC-7. Adversary No. 98-00320
  5. In Re Dew (2006)

    The above cases came before this Court for confirmation of the respective Debtors' chapter 13 plans.[1] All these cases were filed after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") became effective. The chapter 13 Trustee filed an Objection to Confirmation with respect to each proposed plan. This Court has jurisdiction over the subject matter and the parties pursuant to 28 U.S.C. §§ 1334 and 157(b). This is a core proceeding in accordance with 28 U.S.C. § [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: 06-40154-JJR-13, 06-40134-JRR-13, 05-44792-JJR-13, 06-40207-JJR-13
  6. In Re Bruno's, Inc. (1998)

    This proceeding came before the Court on a motion for an order transferring venue filed by Brunos (hereafter "Debtor"). On February 18, 1998, Debtor removed a cause of action pending in the Circuit Court of Jefferson County to this Court. Debtor now seeks to transfer venue of that action to the United States Bankruptcy Court for the District of Delaware, where Debtor's Chapter 11 case is pending along with several affiliated debtors whose cases are being jointly administered in In re PWS [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: Adversary No. 98-00064
  7. In Re Ivory (2001)

    The debtor borrowed $2,500 in 1985 to attend a vocational school. She has not paid that loan and seeks to discharge it in the pending Chapter 7 case. Pursuant to section 523(a)(8) of the Bankruptcy Code, her loan is not dischargeable unless she can prove that paying the debt will impose an undue hardship on her and her dependents.[1]


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 99-05996-BGC-7. Adversary No. 00-00014
  8. In Re Attanasio (1998)

    The matter before the Court is a Motion to Dismiss Pursuant to 11 U.S.C. Section 707(b) filed on May 27, 1997 by the U.S. Bankruptcy Administrator for the Northern District of Alabama. A hearing was held on July 2, 1997. By agreement of the parties, the matter was submitted on the record; a Joint Stipulation of Facts filed on July 16, 1997; written briefs; and arguments. For the reasons expressed below, the Court finds that the motion is due to be denied.[1]


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 97-01515-BGC-7
  9. In Re Knepp (1999)

    This matter is before the Court on the Defendants' Motions to Stay Proceedings and Compel Arbitration. The Plaintiff filed this adversary proceeding requesting this Court determine the validity and extent of a lien and raised allegations that as part of the sale of an automobile, the Defendants engaged in various fraudulent actions, violated the Alabama Mini-Code, and engaged in civil conspiracy. Further, the Plaintiff sought to have this action certified as a class action under Fed.R.Civ.P. [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 98-40276, Adversary No. 98-40481
  10. In Re Norrell (1996)

    The matters subject to this order are the plaintiff's Notice of Removal of its state court action from the Circuit Court of Jefferson County, Alabama to this Court and the debtor's Motion for Remand of that action to the state court. A hearing on both matters was held on May 20, 1996. Marvin E. Franklin, attorney for the plaintiff, and F. Hilton-Green Tomlinson, attorney for the debtor, appeared. The matters were submitted on oral and written arguments of counsel and undisputed facts.

    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 96-00342-BGC-13. Adv. No. 96-00177
  11. In Re Wheeler (1983)

    (1) On or about November 29, 1971, George Taylor and Essie Mae Taylor, his wife, executed a mortgage in favor of Collateral Investment Company, which was recorded in Tuscaloosa County Probate Office, Book 1042 at Page 673, on the following described real estate situated in Tuscaloosa County, Alabama, to-wit:


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 82-6432, Adv. No. 82-1554
  12. In Re Duke (1993)

    This case comes before the Court on the motion of FNRS Financial Corporation[1], ("FNRS"), to reconsider the order entered on August 10, 1992, which sustained the standing trustee's contest of the FNRS proof of claim.


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 92-41327 (13)
  13. In Re Moon (2007)

    This case came before the Court on objection to confirmation filed by CitiFinancial Auto Corporation f/k/a TransSouth Financial ("CitiFinancial") on the grounds that CitiFinancial is not adequately protected by the debtor's proposed plan pursuant to which the debtor proposes to surrender CitiFinancial's collateral in full satisfaction of the creditor's claim. The issue before the Court is whether surrender under § 1325(a)(5)(C) is in full satisfaction of a debt described in what has been [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: 06-81896-JAC-13
  14. In Re Banks (1982)

    1. These three cases are filed under Chapter 13 listing Transamerica Financial Services (hereinafter Transamerica) as a secured creditor with a mortgage only on real property that is the debtor's principal residence.[1] The plans provided for direct current mortgage payments and payment of arrearage to cure the default through the plan as follows:


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy Nos. 82-3222, 82-3545 and 82-3693
  15. In Re Nail (1996)

    The matter subject to this order is a Motion for Relief from Stay filed on February 16, 1996 by William J. Wade, as trustee of Mid-State Trust III. The motion seeks to confirm the movant's foreclosure of the debtors' residence. That foreclosure occurred after this Court orally granted the debtors' motion to reinstate their chapter 13 case but before the Court entered a written order on the same matter. A hearing on the motion for relief was held on April 15, 1996. C. Taylor Crockett, the [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 94-71692-BGC-13
  16. In Re Cason (1995)

    This proceeding is before the Court for a hearing on a case filed under Title 11, United States Code, Chapter 13. In this case Ford Motor Credit Company (FMCC) has filed a motion for relief of the stay or in the alternative a motion to direct the trustee to make adequate protection payments and the debtor objected to such relief. This Court has jurisdiction pursuant to 28 U.S.C. § 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(G)(M). The Court must determine (1) [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 95-40853 (13)
  17. In Re Woodhaven, Ltd. (1992)

    This cause is before the Court on a Motion to Reopen the Debtor's Chapter 11 case. The motion was filed by Daniel Maner, Donald Maner, Robert L. Weigt, three former limited partners of the Debtor, and W. Gerald Travis and Donald L. Jones, two limited partners of the Debtor. The partnership was formed under the Alabama Limited Partnership Act of 1983, Ala.Code §§ 10-9A-1 to 203 (1987), with the intent to acquire and operate a 76-unit apartment complex in Hueytown, Alabama.


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 89-07356
  18. Twyman v. Wedlo, Inc. (1996)

    The matters in the three adversary proceedings pending before this Court are related to the three Chapter 11 bankruptcy cases of Wedlo Holdings, Inc., Case No. 96-B-2698; Wedlo Finance, Inc., Case No. 96-B-2701; and Wedlo, Inc., Case No. 96-B-2702 pending in the United States Bankruptcy Court for the Northern District of Illinois. At the time the bankruptcy cases were filed, the three adversary proceedings were pending in State of Alabama circuit courts.[1] After the bankruptcy cases were filed [...]

    Court: Bankruptcy Court for the Northern District of Alabama Docket: Adversary Nos. 96-00063, 96-00099 and 96-00116
  19. Matter of Garrett (1995)

    The Court held a hearing in the above-styled adversary proceeding on June 20, 1995, at Anniston, Alabama, on the plaintiff's motion for prejudgment writ of seizure. Appearing before the Court were the plaintiff, the plaintiff's attorney, the defendant debtor, the defendants' attorney, and the standing trustee.


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 95-41288. Adv. No. 95-40360
  20. In Re Sims (1995)

    This case presents the issue of the extent to which a Chapter 13 debtor may cure a pre-petition default on indebtedness secured by her principal residence — in particular, whether she may set aside a pre-petition foreclosure sale, reinstate the mortgage, decelerate the indebtedness (accelerated under the terms of the indebtedness), and resume payments under the pre-default terms of the contract.


    Court: Bankruptcy Court for the Northern District of Alabama Docket: Bankruptcy No. 95-41390

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