Feb
06
2019
Ross, In re
Ruling:
Trustee of original mortgagee was entitled to a judicial confirmation that the automatic stayprovisions did not bar it from pursuing foreclosure remedies against debtor's property as thedebtor did not have any legal or equitable interest in the title of the property. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on February 06,2019, LexisNexis #0319-028
Jan
30
2019
On-Site Fuel Serv., In re
Ruling:
Bankruptcy court declined to adopt judicially created bar-to-joinder doctrine as 11 U.S.C. §303(c) unambiguously provided for joinder if the joining creditor held unsecured claim thatwas not contingent and the joining creditor was not an initial petitioning creditor. (Bankr. S.D.Miss.)
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Commercial case opionion summary, case decided on January 30,2019, LexisNexis #0319-026
Jan
28
2019
Davidson, In re--One Source Forms & Labels, Inc. v. Callahan
Ruling:
Application for authority to pay compensation to special counsel was granted as 38%contingency fee award in adversary proceeding was within acceptable range of attorney's fees.(Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on January 28,2019, LexisNexis #0319-027
Jan
18
2019
House, In re
Ruling:
Debtors were barred from opposing creditor's foreclosure as they were bound by their confirmed plan. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on January 18,2019, LexisNexis #0219-092
Nov
30
2018
Avery, In re--BancorpSouth Bank v. Avery
Ruling:
Motion denied where genuine issue of material fact existed as to whether debtor made false representation to creditor or committed actual fraud. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-037
Nov
05
2018
Jamison, In re--Car Fin. Servs. v. Jamison
Ruling:
Judgment obtained against chapter 7 debtor was nondischargeable as the debtormisrepresented his interest in an LLC to obtain a loan from the creditor. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on November 05,2018, LexisNexis #1218-072
Oct
02
2018
Pioneer Health Servs., In re
Ruling:
Objection to confirmation overruled as the objector failed to adequately show that the plan failed to satisfy any part of 11 U.S.C. § 1129(a). (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-083
Sep
27
2018
White, In re
Ruling:
Stay relief was granted to allow bank to present its defenses and prosecute its counterclaimin an arbitration proceeding that only raised state law issues. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-008
Sep
14
2018
Morris, In re
Ruling:
Confirmation of chapter 12 plan denied where debtor has history of being unable to make timely payments and the amounts provided to the court did not show that debtor has reasonable chance of successfully carrying out his duties and obligations under the plan. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-111
Sep
04
2018
New, In re--Dumitrache v. New
Ruling:
Court concluded attorney's fees were domestic support obligations and debt was bothnondischargeable in bankruptcy and a priority claim that had to be paid in full over the lifeof the defendant's chapter 13 plan. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-076
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