Feb
26
2019
Two Sts., Inc., In re
Ruling:
Confirmation of plan was denied as debtor failed to demonstrate that there would besufficient funds to pay the administrative and priority claims and adequate protectionpayments to its largest creditor within the plan's proposed time frame. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on February 26,2019, LexisNexis #0419-064
Mar
01
2019
Alexander Seawright Transp., In re
Ruling:
Insurance cancellation notice was valid and did not violate the stay as the debtor filedemergency motion for imposition of the automatic stay in bad faith. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on March 01,2019, LexisNexis #0519-027
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
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