Mississippi

Jones, In re--Mid-South Maint., Inc. v. Jones

Ruling: 
Nondischargeable final judgment was entered in favor of plaintiffs as debtors committed actual fraud, obtained money by their actual fraud, and debt arose from their actual fraud. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on March 09,2018, LexisNexis #0418-041

Litton, In re

Ruling: 
Transfers made within 90 days of debtor's bankruptcy petition date were not avoidablepreferences as the transferred funds would not have been property of the debtor's bankruptcyestate. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on January 30,2018, LexisNexis #0318-047

Franchise Servs. of N. Am., In re

Ruling: 
Debtor's request for certification of a direct appeal to the Fifth Circuit was granted as the court found that there was no controlling decision by the Fifth Circuit or the Supreme Court. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on January 17,2018, LexisNexis #0218-113

Flechas, In re--MCF AF, LLC v. Flechas

Ruling: 
Court affirmed that debt was nondischaregeable as the debtor disbursed the funds while the creditor was relying on his representations to its detriment. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on November 16,2017, LexisNexis #1217-098

Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc.

Ruling: 
Trustee may avoid quitclaim deed as the deed was not recorded before the debtor declaredbankruptcy. (Bankr. S.D. Miss.)
ABI Membership is required to access the full summary of Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 17,2017, LexisNexis #1117-105

Fish & Fisher, Inc., In re

Ruling: 
Total denial of a professional's fees was not warranted for there was no evidence presentedwhich showed that the professional acted in any manner considered as harmful toward thebankruptcy estate. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on September 01,2017, LexisNexis #1017-003

Powell, In re--Powell v. Powell

Ruling: 
When bankruptcy is filed after a divorce proceeding has been filed, all assets of the debtorspouse shall form part of the bankruptcy estate. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on June 30,2017, LexisNexis #0817-024

Smith, In re

Ruling: 
Use of postpetition fund to pay postpetition premiums on a prepitition policy did nottransform the policy to a non-estate asset. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on June 27,2017, LexisNexis #0817-012

House, In re--House v. Craft Auto Sales, LLC

Ruling: 
Creditor willfuly violated the automatic stay in retaining debtors' repossessed vehicle evenafter debtors had shown that the vehicle was insured. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on June 14,2017, LexisNexis #0717-063

Martin, In re

Ruling: 
Bank was free to enforce its unsecured claim as it was not included in the discharge order. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on May 05,2017, LexisNexis #0617-051

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