Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Alabama Bankruptcy Court Substantially Reduces Award of Attorney’s Fees
    2020-08-10

    In practice, it is not uncommon for bankruptcy debtors to file suit against creditors or debt collectors for stay and discharge injunction violations. Often, they will do so before making any meaningful attempt to communicate with the creditor or debt collector to request that they stop their improper collection efforts.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP
    Authors:
    Jay Bender
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Pre-Pandemic Chapter 13 Defaults Received CARES Act Modification Protection in the Middle District of Alabama
    2020-11-25

    In a notable decision interpreting the March 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Bankruptcy Court for the Middle District of Alabama held that Chapter 13 debtors behind on their payments before March 2020 may seek modification of their plan if they suffered from COVID-19 related financial distress.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Christy W. Hancock
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Recovering Bankruptcy Attorneys Fees and Guide to Filing Notice of Post-Petition Mortgage Fees, Costs, & Expenses
    2019-05-24

    It is hard to deny the growing sense of uncertainty that has developed since 2011 when the Bankruptcy Rules were amended to add Rule 3002.1 which requires, among other things, a notice to be filed itemizing any post-petition fees, expenses or charges incurred in connection with their claim.  With more and more disputes arising between Chapter 13 creditors, debtors and trustees over the reasonableness and entitlement of those fees it is imperative that creditors understand the best practices for recovering the full amount of their fees and how to defend against any unwanted objections.

    Filed under:
    USA, Alabama, Banking, Insolvency & Restructuring, Litigation, Sirote & Permutt PC
    Authors:
    Jason Weber
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Supreme Court of Alabama: Failure to Strictly Comply with the Requirements of the Mortgage Invalidates a Foreclosure Sale
    2017-09-12

    Breach letters have been heavily litigated in many states, but up until now, Alabama has generally stayed out of the fray. Not any longer. In September 2017, the Supreme Court of Alabama found that failure to strictly comply with the requirements of the mortgage invalidates a foreclosure sale. Ex Parte Turner, __ Ala__ (2017). In this case, after the borrowers defaulted on their loan, the loan servicer sent a letter notifying them of its intent to foreclose on the property (the “Default Letter”).

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Real Estate, Sirote & Permutt PC, Mortgage loan, Foreclosure, Alabama Supreme Court
    Authors:
    Andrew W. Saag
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    MD Ala. Holds Servicer Did Not Violate Discharge By Sending Periodic Statements, NOI, Delinquency Notices, Hazard Insurance Notices
    2017-05-18

    The U.S. Bankruptcy Court for the Middle District of Alabama recently held that a mortgage servicer did not violate the discharge injunction in 11 U.S.C. § 524 by sending the discharged borrowers monthly mortgage statements, delinquency notices, notices concerning hazard insurance, and a notice of intent to foreclose.

    Moreover, because the borrowers based their claims for violation of the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., on the violation of the discharge injunction, the Court also dismissed their FDCPA claims with prejudice.

    Filed under:
    USA, Alabama, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Mortgage loan, Bankruptcy discharge, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    All Experience is not Good Experience Experience Ratings & 11 U.S.C. 363 (f)
    2017-04-26

    Recently, the Bankruptcy Court for the Northern District of Alabama joined with a number of courts in finding that a debtor's ability to sell their assets free and clear of any "interests" in property encompassed the right to purge the assets of a state labor department's right to transfer a company's unemployment experience rating to a purchaser of the company's assets.[1]

    Filed under:
    USA, Alabama, Employment & Labor, Insolvency & Restructuring, Litigation, Burr & Forman LLP, United States bankruptcy court
    Authors:
    James Roberts
    Location:
    USA
    Firm:
    Burr & Forman LLP
    The Colonial BancGroup, Inc.: FDIC denied right to setoff against demand deposit accounts
    2011-02-03

    On January 24, 2011, the Honorable Dwight H. Williams, Jr. of the U.S. Bankruptcy Court for the Middle District of Alabama denied the Federal Deposit Insurance Corporation’s (“FDIC”) request for relief from the automatic stay in the Colonial BancGroup, Inc.

    Filed under:
    USA, Alabama, Banking, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Bankruptcy, Debtor, Unsecured debt, Debt, Liability (financial accounting), Depository institution, Deposit insurance, US Securities and Exchange Commission, Federal Deposit Insurance Corporation (USA), US Code, United States bankruptcy court
    Authors:
    Barbara R. Mendelson , Alexandra Steinberg Barrage , Jeremy Mandell , Larren M. Nashelsky
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    District Court holds the existence of arbitration clause in agreement at issue is insufficient grounds for withdrawing reference
    2015-03-26

    On March 10, 2015, the United States District Court for the Middle District of Alabama issued a memorandum decision in the case of Harrelson v. DSS, Inc. (No. 14-mc-03675), declining to withdraw the reference from the bankruptcy court and holding that the existence of an arbitration agreement and a class action waiver in that arbitration agreement did not require substantial consideration of the Federal Arbitration Act (FAA).

    Facts

    Filed under:
    USA, Alabama, Arbitration & ADR, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Arbitration clause, Class action, Federal Arbitration Act 1926 (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Employee claims entitlement to income attributable to patents owned by employer; factors for bankruptcy court to analyze when considering non-debtor releases.
    2015-03-19

    In this week's Alabama Law Weekly update, we report on two decisions. The first case is from the Alabama Supreme Court and considers whether an employee, who was a significant contributor in the creation of intellectual property patented by his employer, is entitled to a portion of the income that the employer received in a subsequent stock sale. The second decision is from the Eleventh Circuit Court of Appeals and considers the factors for bankruptcy courts to analyze when approving releases of claims against non-debtors, such as officers and directors of reorganized entities. 

    Filed under:
    USA, Alabama, Employment & Labor, Insolvency & Restructuring, Litigation, Patents, Sirote & Permutt PC, United States bankruptcy court
    Authors:
    Clayton Garrett
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Post-Crawford FDCPA claim dismissed as time-barred
    2015-02-06

    Following the Eleventh Circuit’s decision last year in Crawford v. LVNV Funding, LLC, the filing of a proof of claim on a time-barred debt in a bankruptcy case pending in the Eleventh Circuit’s jurisdiction violates the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (“FDCPA”). But as the U.S. Bankruptcy Court for the Northern District of Alabama recently made clear in Gurganus v. Recovery Management Systems Corp. (In re Gurganus), No. 7:14-ap-70054-BGC, 2015 WL 65089 (Bankr. N.D. Ala. Jan.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Statute of limitations, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Alan D. Leeth , Ryan J. Hebson
    Location:
    USA
    Firm:
    Burr & Forman LLP

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Page 4
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days