Rochellel's Daily Wire

January 19, 2024

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.

11th Circuit, Alabama, Alabama Southern District

October 27, 2023

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.

11th Circuit, Alabama, Alabama Middle District

July 26, 2023

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.

11th Circuit, Alabama, Alabama Southern District

March 22, 2023

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.

11th Circuit, Alabama, Alabama Middle District

August 30, 2022

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.

11th Circuit, Alabama, Alabama Middle District

October 11, 2021

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.

11th Circuit, Alabama, Alabama Middle District

August 24, 2021

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.

11th Circuit, Alabama, Alabama Southern District

April 13, 2021

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.

11th Circuit, Alabama, Alabama Middle District

July 29, 2019

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.

11th Circuit, Alabama, Alabama Middle District

January 31, 2018

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.

11th Circuit, Alabama, Alabama Northern District