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Citation: 217 B.R. 912 | Docket No.: 19-00428
Status: Published | Citing: 36
Summary: 217 B.R. 912 (1998) In re XYZ OPTIONS, INC., Debtor. Donald L. DIONNE, Plaintiff, v. FIRST ALABAMA BANK and XYZ Trading Co., Inc., Defendants. William R. Murray, Northport, AL, for XYZ Trading Co., Inc. The Itinerary: The Voyage Charted, The Shoals, Salvage, And The Mooring Donald L. Dionne, the trustee of the chapter 7 bankruptcy estate of XYZ Options, Inc. ("Trustee"), seeks partial summary judgment against First Alabama Bank, now known as *915 Regions Bank ("Regions Bank"), and XYZ Trading, C......read more.


Citation: 208 B.R. 561 | Docket No.: 15-70262
Status: Published | Citing: 6
Summary: 208 B.R. 561 (1997) In the Matter of POTOMAC SYSTEMS ENGINEERING INC., Debtor(s). By letter dated May 31, 1995, attached as exhibit A, counsel for Bourj informed debtor that Bourj did not accept debtor's abandonment as a surrender of the leased premises and that debtor remained liable for all accrued and accruing rent under the terms of the lease. Williams & Connolly 725 12th Street, N.W. Washington, D.C. 20005 Re: Potomac Systems Engineering, Inc. ("Potomac") Dear Mr. O'Donnell: As you know, th......read more.


Citation: 202 B.R. 520 | Docket No.: 15-80433
Status: Published | Citing: 16
Summary: 202 B.R. 520 (1996) In re Lenworth WESTBROOKS, Debtor. After notice by mail to creditors and other parties in interest on June 25, 1996, in the above-styled case, there came before the Court an application by Lawrence T. King, Esquire, and Max C. Pope, Jr., Esquire (referred to hereinafter as "the applicants"), counsel for the debtor, filed June 21, 1996, for the Court to award applicants fees and expenses. In the order approving the application the Court stated: "Pursuant to 11 U.S.C. Section 3......read more.


Citation: 30 B.R. 357 | Docket No.: 19-80276
Status: Published | Citing: 6
Summary: 30 B.R. 357 (1983) In the Matter of William Craig WOOTEN, Debtor. Jill PROSCH and Kevin Prosch, Plaintiff, v. William Craig WOOTEN, Defendant. Jill Prosch, while walking single file behind her husband, Kevin Prosch, was hit by a careening automobile driven by the Debtor/Defendant, William Craig Wooten.


Citation: 34 B.R. 63 | Docket No.: 19-80290
Status: Published
Summary: 34 B.R. 63 (1983) In the Matter of ELMER'S AUTO PARTS, Debtor. In the case at bar, the Debtor attempted to operate his auto parts business under Chapter 11 as Debtor-in-possession. Whether in a converted case the Debtor shall include administrative expense or requests for "payment of administrative expense" in the schedules or lists of all the Debtor's creditors depends on what construction is put on Bankruptcy Rule 1007, particularly that part of Rule 1007 which reads: . . . In a case converted......read more.


Citation: 465 B.R. 896 | Docket No.: 18-00237
Status: Published | Citing: 6
Summary: 465 B.R. 896 (2012) In the Matter of Jeffrey Lewis CLARK, SSN: XXX-XX-XXXX, Debtor(s). Jeffrey Lewis Clark, Plaintiff(s), v. Texas Guaranteed Student Loan Corp., Defendant(s). Section 523(a)(8) reads as follows: (a) A discharge under section 727 . . . does not discharge an individual debtor from any debt— * * * * (8) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor's dependents, for— (A) (i) an educational benefit overpaym......read more.


Citation: 406 B.R. 98 | Docket No.: 17-80959
Status: Published | Citing: 11
Summary: 406 B.R. 98 (2009) In the Matter of BILL HEARD ENTERPRISES, INC., et al., Debtor(s). PROCEDURAL HISTORY On September 28, 2008, Bill Heard Enterprises, Inc. and twenty-four related entities filed for relief under Chapter 11 of the Bankruptcy Code and sought joint administration of their petitions. On March 30, 2009, HSBC filed an answer to the amended complaint, a crossclaim against Landmark North and third-party complaint against Landmark I-45, Inc. and William T. Heard ("Heard"), individually. ......read more.


Citation: 221 B.R. 963 | Docket No.: 19-00403
Status: Published | Citing: 42
Summary: 221 B.R. 963 (1997) In re GOLDEN MANE ACQUISITIONS, INC., Debtor. I. Findings of Fact and Conclusions of Law A. Background On September 3, 1996, the claimant, Glenn I. Mazer, obtained a judgment of approximately $250,000.00 against the debtor; Jeffrey L. Hersh, the sole owner of the debtor; and J. Randle Jackson, the president of the debtor. On December 4, 1996, the debtor filed the pending Chapter 11 bankruptcy petition and on May 23, 1997, filed a first amended disclosure statement and plan of......read more.


Citation: 181 B.R. 611 | Docket No.: 16-70119
Status: Published | Citing: 14
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.


Citation: 261 B.R. 479 | Docket No.: 17-82958
Status: Published | Citing: 42
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.


Citation: 348 B.R. 834 | Docket No.: 19-00458
Status: Published | Citing: 24
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.


Citation: 255 B.R. 783 | Docket No.: 19-40169
Status: Published | Citing: 4
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.


Citation: 101 B.R. 289 | Docket No.: 19-70187
Status: Published | Citing: 16
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.


Citation: 201 B.R. 294 | Docket No.: 19-80310
Status: Published | Citing: 15
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.


Citation: 361 B.R. 224 | Docket No.: 19-70003
Status: Published | Citing: 20
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.




Citation: 184 B.R. 147 | Docket No.: 19-00406
Status: Published | Citing: 7
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.


Citation: 225 B.R. 236 | Docket No.: 18-00546
Status: Published | Citing: 19
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.


Citation: 176 B.R. 221 | Docket No.: 19-80295
Status: Published | Citing: 8
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.


Citation: 2 B.R. 46 | Docket No.: 19-70176
Status: Published | Citing: 1
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].