May
12
2021
Heritage Real Estate Inv., In re
Ruling:
Court lacked jurisdiction to sustain the objection regarding the validity of the judgmentcreditors' alleged judicial lien while an appeal before the district court remained pending.(Bankr. S.D. Miss.)Court lacked jurisdiction to sustain the objection regarding the validity of the judgment creditors' allegedjudicial lien while an appeal before the district court remained pending because, to grant the relief soughtwould require the court to revisit the prior order and its dismissal of the adversary proceeding, whichwould interfere with the issues raised on appeal.Heritage Real Estate Inv., In re, 2021 Bankr. LEXIS 1279 (Bankr. S.D. Miss. May 12, 2021) (Olack, B.J.).
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Commercial case opionion summary, case decided on May 12,2021, LexisNexis #0621-091
May
10
2021
Brock, In re
Ruling:
Debtor could not extend the term of a loan secured by debtor's primary residence. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on May 10,2021, LexisNexis #0621-094
May
07
2021
Jenkins, In re
Ruling:
Chapter 7 debtor's motion to convert to Chapter 12 was denied as debtor had consistently beenuntruthful with the court and the trustee, ignored dictates of the Bankruptcy Code, and actedin bad faith. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on May 07,2021, LexisNexis #0621-064
Apr
27
2021
Martin, In re--Demory v. Martin
Ruling:
Debt arising from a state court default judgment was nondischargeable as debtor's conductand misrepresentations created an overall false impression that induced plaintiff tocontinue making payments. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-038
Apr
23
2021
Freeman, In re
Ruling:
Debtor could not claim a homestead exemption on property located in California as theclaimed property did not meet the definition of a homestead under Mississippi law when heabandoned the property years ago and did not intend to return. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on April 23,2021, LexisNexis #0621-010
Feb
26
2021
On-Site Fuel Serv., In re
Ruling:
Special counsel's fee application was approved because the hours and services expended bythem were reasonable. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on February 26,2021, LexisNexis #0421-002
Dec
16
2020
Skelton, In re
Ruling:
Debtor's motion to avoid judgment lien conditionally granted because creditor's lien didimpair a homestead exemption to which the debtor was entitled. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on December 16,2020, LexisNexis #0121-080
Oct
27
2020
305 Petroleum, Inc., In re
Ruling:
Small business debtor that was a member of a group of affiliates whose aggregate debtexceeded $7,500,000 was not eligible under Subchapter V. (Bankr. N.D. Miss.)
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Commercial case opionion summary, case decided on October 27,2020, LexisNexis #1220-026
Oct
22
2020
Jenkins, In re
Ruling:
Chapter 7 trustee's motion to sell debtor's boat free and clear of liens, interest, encumbrances,and claims was granted. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-033
Oct
09
2020
Easter, In re
Ruling:
Debtors' belated subsection V election was procedurally permissible as the Small BusinessReorganization Act of 2019 was enacted while the case was pending. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-96
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