Alabama

Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements

District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.

Filing Bankruptcy After Renewing a Title Loan Again Found Not to Be Bad Faith

Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.

Recoveries on Postpetition Tort Recoveries Do (Do Not) Belong to Creditors in ‘13’

Rather than invoking the best interests and disposable income tests for plan confirmation, the Eleventh Circuit may have departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in chapter 13.

Renewing a Title Loan Just Before Chapter 13 Didn’t Make the Filing in Bad Faith

Ruling the other way would have barred chapter 13 filings after renewing title loans.

Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith

Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.

Student Loans Were Discharged Only with Assistance from Pro Bono Counsel

A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.

Who Gets Insurance Proceeds When a Car Is ‘Totaled’ in Chapter 13?

Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.

Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles

Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.

A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet

There is no implied assumption of an executory employment contract under the Bankruptcy Code.

Pages