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Summary: 281 B.R. 74 (2001) In re Elbert Allen YOUNG, Jr., Marie McKenzie Young, Debtors. The matter before the Court is a motion to enforce the automatic stay against Cash America International, Inc., filed by Elbert Allen Young, Jr. and Marie McKenzie Young, (hereinafter referred to as the "Debtors") on October 31, 2000. On May 5, 2000, Debtor Marie McKenzie Young entered into a pawn transaction with Cash America wherein $300.00 was advanced to the Debtor by Cash America in exchange for the pledge of m......read more.




Summary: 280 B.R. 910 (2002) In re Steven ARD, Carla Ard, Debtors. FACTS AND PROCEDURAL HISTORY The debtors, Steven and Carla Ard, filed this chapter 7 bankruptcy on November 21, 2001. The testimony and exhibits establish the following facts pertinent to the motions before the Court: Debtor Steven Ard purchased the used four-cylinder 1995 Nissan Altima from *912 AACFCU on October 11, 2000. Debtors' counsel contends that since the total sale price was $3,357.50, it would not be appropriate to force the de......read more.


Summary: 280 B.R. 876 (2001) In re Roland E. HARRIS, Debtor. August 3, 2001. FACTS The Court will not repeat what was already stated in the December 29, 2000 order granting summary judgment and the July 25, 2001 order denying summary judgment as to Betty Ann Dean. The findings of fact of the December 29, 2000 order and the July 25, 2001 order are incorporated by reference and will be specifically referred to as needed. See In re Sheffield, 281 B.R. 24, Order Granting Class Certification, (Bankr.S.D.Ala.2......read more.


Summary: 94 B.R. 709 (1988) In re Lester Roger CHAMPION, June Faircloth Champion, Debtors. CONCLUSION OF LAW Section 522(f) of the Bankruptcy Code allows debtors to avoid the fixing of certain liens on property to the extent the liens would impair exemptions to which the debtors are entitled.[1] If the debtors have property which might be exempt but which is encumbered by a nonpurchase-money nonpossessory security interest, the lien may be avoided if the property is among those items listed in subparagra......read more.


Summary: 280 B.R. 724 (2001) In re Roland E. HARRIS, Debtor. FACTS On December 29, 2000, the Court granted First Union Mortgage Corporation's motion to dismiss the case of Roland Harris against it. On February 8, 2001, the Court amended its order to allow intervention of a different plaintiff to be the class representative in the suit. The debtor asserts that the conditional denial order had nothing to do with the proof of claim fee. First Union would post the fee as an expense to the debtor's account an......read more.


Summary: 5 B.R. 408 (1980) In re James K. BOTELER, Jr., Brenda G. Boteler, Debtors. John P. DAY and Dorothy P. Day, Plaintiffs, v. James K. BOTELER, Jr. and Robert H. Ching, Jr., Trustee, Defendants. Edward B. McDonough, Jr., Gallalee, Denniston, Cherniak & Moon, Mobile, Ala., for James K. Boteler, Jr., debtor-defendant. Plaintiffs, John P. Day and Dorothy P. Day, have petitioned for relief from the automatic stay in order to proceed with the sale of the Debtors' residence to satisfy a judgment rendered ......read more.


Summary: 74 B.R. 934 (1987) In re Richard V. FORD, Debtor. The debtor filed a petition under Chapter 11 of the Bankruptcy Code on February 4, 1987. In addition, movant has argued that the debtor's Chapter 11 case has not been filed in good faith and that since the debtor's assets exceed his liabilities, he is solvent and should not be a Chapter 11 debtor. D.Ill.1981), the Court found that although the Chapter 11 petition had been filed after a creditor had obtained a large libel judgment against the debt......read more.


Summary: 130 B.R. 108 (1991) In re SQUARE SHOOTER, INC., Debtor. This matter came on for hearing on the Motion of the Claimant, Dave Goleman, for allowance of late-filled Proof of Claim and the Objection of the Debtor, Square Shooter, *109 Inc., to Claim # 9 — Dave Goleman. After due deliberation on all testimony, arguments of counsel and briefs subsequently submitted, this Court finds, concludes and orders as follows: FINDINGS OF FACT The Debtor, Square Shooter, Inc., filed a Chapter 11 petition with th......read more.


Summary: 97 B.R. 617 (1989) In re James Allen SCUDDER, Debtor. James Allen Scudder (the Debtor) purchased a 57-foot houseboat in 1980. Having already made a factual determination that the houseboat was the Debtor's principal place of residence, the issue to be decided is whether the Debtor's houseboat is a "similar dwelling" within the meaning of the above passage.


Summary: 94 B.R. 712 (1988) In re TRAWLER EAGLE, INC., Debtor. The Debtor, Trawler Eagle, Inc., is engaged in the marine fishing business. On February 17, 1988, the Debtor filed a petition under Chapter 11 of the Bankruptcy Code.


Summary: 177 B.R. 967 (1995) In re Arthur James KENNEDY and Lula Dee Kennedy, Debtors. This matter is before the Court on Mr. and Mrs. Kennedy's ("Kennedys" or "Debtors") request for confirmation of their Chapter 13 plan. Mrs. Kennedy testified that the automobile, at the time of the hearing — January 12, 1995 — was worth $2,500. She heard Mrs. Kennedy's testimony about the transmission. Pearl normally disposes of vehicles at auction sales and would likely dispose of the Kennedy vehicle in this manner. T......read more.


Summary: 328 B.R. 837 (2005) In re Martin L. HARRIS, Jr., Debtor. Martin L. Harris, Jr., Plaintiff, v. United States of America, Defendant. Irvin Grodsky, Mobile, AL, for Martin L. Harris, Jr. The United States has conceded that debtor's federal income tax liability for the tax year 1999 is moot since the debtor had no assessed taxes for that year. As determined by the IRS, debtor had adjusted gross income for tax years 1990 through 1993 as follows: 1990 — $130,528.00 1991 — $148,516.00 1992 — $164,359.0......read more.


Summary: 155 B.R. 235 (1992) In re Johnie Bryan TOWNSEND, Debtor. This matter came before the Court on the complaint of the Debtor, Johnie Bryan Townsend, to determine the dischargeability of indebtedness to Sherrie Buford Townsend and her attorney, J. Jerry Pilgrim, pursuant to 11 U.S.C. § 523(a)(5). FINDINGS OF FACT Johnie Bryan Townsend ("the debtor") and Sherrie Buford Townsend ("Townsend") were married on March 14, 1986.




Summary: 281 B.R. 333 (2001) In re Erla Jean LULUE, Appellant, v. OSTER & WEGENER, a P.L.C., Appellee. The Bankruptcy Court entered an order on August 3, 1999 and determined that the lien or privilege (as the lien is referred to under Louisiana law) of Oster & Wegener, a P.L.C. was valid.


Summary: 177 B.R. 717 (1995) In re Johnny Glenn CURTIS and Sherrie H. Curtis, Debtors. TRUSTMARK NATIONAL BANK, Plaintiff, v. Johnny Glenn CURTIS, Defendant. This matter came before the Court on the complaint of Trustmark National Bank ("Trustmark") to determine the dischargeability of a debt owed by Johnny Glenn Curtis ("Debtor" or "Curtis") to Trustmark pursuant to 11 U.S.C. § 523(a)(2)(A).




Summary: 281 B.R. 36 (2000) In re Claude Joseph NOLETTO, Jr., Terry Lynn Noletto, Debtors. Claude Joseph Noletto, Jr., Terry Lynn Noletto, Plaintiffs, v. NationsBanc Mortgage Corporation, Defendant. December 29, 2000. This Court has granted summary judgment to NationsBanc in a companion Order Granting Summary Judgment dated December 29, 2000. In this case, at the time the case was filed, the Nolettos were in chapter 13 and were proper plaintiffs under the theories set forth in the ruling in the summary j......read more.


Summary: 195 B.R. 933 (1996) In re Thomas Milton HAAS and Bernice Elizabeth Haas, Debtors. Thomas M. Haas is a practicing lawyer in Mobile, Alabama. Bernice Elizabeth Haas is the wife of Thomas M. Haas, and works fulltime in her husband's law office performing clerical, secretarial and administrative work. Thomas M. Haas no source of income other than fees received from clients for his professional legal services. In October 1987 Thomas M. Haas pled guilty to a federal misdemeanor charge of willfully fai......read more.