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Summary: 181 B.R. 611 (1995) In the Matter of ATTALLA GOLF AND COUNTRY CLUB, INC., Debtor. Brent Lee JORDAN, Plaintiff, v. ATTALLA GOLF AND COUNTRY CLUB, INC., Defendant. This matter is before the Court on the complaint and motion filed by Brent Lee Jordan, the plan proponent, requesting the Court to enforce compliance with the plan that the Court confirmed on March 29, 1995. Appearing before the Court were the president of the debtor in possession, the attorney for the debtor in possession, the attorney......read more.


Summary: 261 B.R. 479 (2001) In re Thomas E. JONES, and Janet V. Jones, Debtors. Lisa M. Hancock, Guntersville, AL, for Debtor (Jones). MEMORANDUM OPINION ON DEBTORS' STATUTORILY PRESCRIBED TIME PERIOD TO PERFORM DEBTORS' STATED INTENTIONS JAMES S. SLEDGE, Bankruptcy Judge. The Statement of Intention filed by Mr. and Mrs. Jones, on November 9, 2000, indicated the debtors' intent to reaffirm a debt secured by property stated to be a mobile home. One of the Jones' creditors, Conseco Finance Servicing Corpo......read more.


Summary: 348 B.R. 834 (2006) In re Brenda C. ELDRIDGE, Debtor. Estate of Elbie Chism, Plaintiff, v. Brenda C. Eldridge, Defendant. An Objection to and Motion to Strike Affidavits of Darlene Winston, Patricia Semancheck, and Joyce Perkins Filed in Support of Plaintiff's Motion for Summary Judgment (Proceeding No. 19) filed on January 13, 2006, by the defendant-debtor; 6. A Debtor's Objection to Plaintiff's Motion to Strike (Proceeding No. 30) filed on July 7, 2006, by the defendant-debtor. The plaintiff c......read more.


Summary: 255 B.R. 783 (2000) In the Matter of Jonathan KELLEY, Debtor. There is some uncertainty in the law to whether that same duty applies to debtor's counsel because at paragraph (a) it states "[e]very petition, pleading, written motion, and other paper, except a list, schedule or statement or amendments thereto, shall be signed by at least one attorney of record . . ." Since debtor's counsel does not sign the schedules or statement some cases hold that counsel for debtor is not liable under Rule 901......read more.


Summary: 101 B.R. 289 (1989) In re PERDIDO MOTEL GROUP, INC., Debtor. There are no findings of fact, as all of the matters on which the Court's decision rests appear of record, i.e., the debtor's amended disclosure statement, the debtor's plan of reorganization, and the debtor's written report to the Court concerning confirmation of the plan. Here, the Court is forbidden to confirm the debtor's plan of reorganization because the following three requirements of section 1129(a) are not met: (1) The plan co......read more.


Summary: 201 B.R. 294 (1996) In the Matter of Howard Morris ALEXANDER and Regina Dianne Alexander, Debtors. AVCO FINANCIAL SERVICES OF ALABAMA, INC., Plaintiff, v. Howard Morris ALEXANDER and Regina Dianne Alexander, Defendant. This matter is before the Court on the complaint of Avco Financial Services of Alabama, Inc. (hereinafter "Avco"), seeking a determination that the debt owed by the defendants/debtors, Howard and Regina Alexander (hereinafter the "debtors"), is non-dischargeable pursuant to 11 U.S......read more.


Summary: 361 B.R. 224 (2007) In the Matter of Tavarus Deaunta MILLER, Latonya Dionne Miller, Debtors. 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 debtors' proposed plan payment exceeds the amount calculated on Form B22C as the debtors' monthly disposable income u......read more.




Summary: 184 B.R. 147 (1995) Matter of Fred JAMES, Bertha James, Debtors. This matter is before the Court on a motion filed by the debtors for reconsideration of the Order dated April 28, 1995, which denied their motion to reopen their bankruptcy proceeding in order to amend schedules to add an omitted pre-petition creditor. The debtors stated that they did not list Forrester as a creditor in the original petition because they did not know that Fred James, as mayor, was individually sued for the debt/jud......read more.


Summary: 225 B.R. 236 (1997) In re John L. REACH, Jr., and Debbie W. Reach, Debtors. AT & T UNIVERSAL CARD SERVICES CORPORATION, Plaintiff, v. Debbie REACH, Defendant. Appearing at the June 10, 1997, trial were Alan C. Furr, attorney for Ms. Reach, and William M. Halcomb, attorney for AT & T. [1] FINDINGS OF FACT John L. Reach, Jr., and Debbie W. Reach filed this petition for relief under Chapter 7 of the Bankruptcy Code on April 12, 1996. Because AT & T failed to prove that Ms. Reach made a false repres......read more.


Summary: 176 B.R. 221 (1995) In the Matter of Arthur SMITH, Jr., Debtor. Arthur SMITH, Jr., Plaintiff, v. STATE OF ALABAMA, ex rel., Timothy D. LITTRELL, District Attorney of Lawrence County, Alabama, and the Thirty-Sixth Judicial Circuit of Alabama, Defendant. William L. Chenault, III, Chenault, Hammond and Hall, P.C., Decatur, AL, for debtor/plaintiff Arthur Smith, Jr.


Summary: 2 B.R. 46 (1979) In re Edward JONES, Bankrupt. BANK OF GADSDEN, formerly known as Gadsden Mall Bank, Plaintiff, v. Edward JONES, Bankrupt, Defendant. This bankruptcy case was commenced by a voluntary petition filed by the defendant on October 17, 1978, and the bankrupt's schedule of creditors was amended November 8, 1978, to include a debt to the plaintiff, stated to be in the sum of $2,200.00 and to be secured by the bankrupt's 1974 [model] Grand Prix [Pontiac automobile].


Summary: 125 B.R. 40 (1990) In re Fred C. PATTERSON, Jr. and Mary Patterson, Debtors. Fred C. PATTERSON and Mary Patterson, Plaintiffs, v. B.F. GOODRICH EMPLOYEES FEDERAL CREDIT UNION, Defendant. This matter came before the Court on the Debtors' February 8, 1990 motion to restrain Creditor B.F. Goodrich Employees Federal Credit Union from closing accounts held by Debtors with the financial institution and to award Debtors costs incurred from the Credit Union's actions. FINDINGS OF FACT Fred C. Jr. and Ma......read more.


Summary: 30 B.R. 80 (1983) In the Matter of Stanley SANDERS, D.C., Pearl Jeanette Sanders, Debtors. Stanley SANDERS, D.C., Pearl Jeanette Sanders, Plaintiffs, v. FIRST STATE BANK OF FRANKLIN COUNTY and Northern Trust Company, Defendants. The Sanders filed their complaint to have this Court declare as exempt all of Dr. Sanders' medical equipment, office business equipment, and office furniture as "tools used personally by and essential to the debtors' business" pursuant to Section 6-10-126, Code of Alabam......read more.


Summary: 89 B.R. 920 (1988) In re Parker Jerry Pier HUBBARD & Lynda Kay Hubbard, Debtors. United States Bankruptcy Court, N.D. Alabama, W.D. June 28, 1988. FINDINGS OF FACT On October 2, 1979, Helen Sanders and her husband Jessie C. Sanders (hereinafter referred to as the Sanders) conveyed approximately 20 acres of land to Lynda Hubbard and Parker Jerry Hubbard (hereinafter referred to as the Hubbards). NOTES [1] The Hubbard's mortgage to the Sanders, which was introduced at trial as Trustee's exhibit # ......read more.


Summary: 191 B.R. 199 (1995) In re Wilbur L. CORNNER, Debtor. Joseph M. DORIAN, Plaintiff, v. Wilbur L. CORNNER, Defendant. Mr. Joseph M. Dorian, the plaintiff; Mr. Wilbur L. Cornner, the defendant; Mr. J. Haran Lowe, Jr. and Mr. David L. Rawls, attorneys for the plaintiff; and Mr. Rodger M. Smitherman, attorney for the defendant, appeared. Five or six months after Dorian began his search, in July or August 1991, Mr. Cornner ("Cornner") came to visit him at Hoover Imports. Cornner represented to Dorian t......read more.


Summary: 355 B.R. 311 (2006) In re Fred HOSEY, Debtor. Terry Hosey, Plaintiff, v. Fred Hosey, Defendant. This adversary proceeding is before the Court following a trial on September 27, 2006, on the Amended Complaint to Determine Dischargeability filed by the Plaintiff, Terry Hosey. Appearing at the trial were: Jason Stoves, attorney for the Plaintiff; Rob Barber for Joshua Watkins, attorney for the Debtor, Fred Hosey; the Plaintiff; and Elmore "Buddy" Moore, witness for Plaintiff. [3] I. FINDINGS OF FAC......read more.


Summary: 108 B.R. 319 (1989) In re Richard Wayne BRAND, Debtor. Introduction — The above-styled case is pending before the bankruptcy judges upon the voluntary petition of the debtor, Richard Wayne Brand, filed pursuant to title 11, chapter 7, United States Code, on May 9, 1989.


Summary: 192 B.R. 1008 (1996) In re MARVIN JOHNSON'S AUTO SERVICE, INC., Debtor. Mr. Paul Franks, an unsecured creditor of the debtor in possession, is the plaintiff in the pending fraud action of Franks v. Marvin Johnson's Auto Service, Inc., et al., Case No. The debtor in possession and Mr. Marvin Johnson, the debtor's president and sole stockholder, are co-defendants in that state court lawsuit. 1992); Broadhurst v. Steamtronics Corp., 48 B.R. 801 (D.Conn.1985); In re Harris, 7 B.R. 284 (S.D.Fla.1980)......read more.


Summary: 47 B.R. 133 (1985) In the Matter of Fred James SANDEFER d/b/a Fremar Corp., Inc. f/d/b/a Circle S Homes, Debtor. Fred James Sandefer, the debtor, is the owner of all of the capital stock in the Fremar Corporation, Inc. The Fremar Corporation, Inc. entered into bankruptcy simultaneously with Mr. Sandefer. First City Developments Corp. is the holder of a judgment against Mr. Sandefer, a certificate evidencing which was filed in the Probate Office of Jefferson County, Alabama, more than ninety (90)......read more.