May
14
2018
Alabama, In re--Mississippi Farm, Inc.--Reach Inc. v. Smith
Ruling:
Trustee granted judgment on partial findings as creditor was not entitled to injunctive reliefwhere the auction and sale of the property had concluded and the order approving the motionfor confirmation of sale was final and non-appealable. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on May 14,2018, LexisNexis #0618-089
May
16
2018
Bush, In re--Wood v. Bush
Ruling:
Creditor failed to show that debt was nondischargeable as there was no evidence that debtorobtained his loans by false pretense, false representation, or actual fraud. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-073
May
04
2018
VCR I, LLC, In re
Ruling:
Motion for stay pending appeal denied because movant failed to show how the trustee,bankruptcy estate, creditors, and equity holders will not suffer substantial injury if a stay ofthe auction is granted. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on May 04,2018, LexisNexis #0618-029
Mar
09
2018
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
Jan
30
2018
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
Jan
17
2018
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
Nov
16
2017
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
Oct
17
2017
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.)
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Commercial case opionion summary, case decided on October 17,2017, LexisNexis #1117-105
Sep
01
2017
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
Jun
30
2017
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
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