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Floyd, In re

Ruling
Creditor's claim secured by a boat, motor and trailer would be treated as an allowed unsecuredclaim as the estate did not have an interest in the collateral at the time of filing. (Bankr. N.D.Miss.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured

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Consumer opinion summary, case decided on October 22, 2021 , LexisNexis #1221-045

Wooten, In re

Ruling
Extension of the automatic stay in Chapter 13 case was denied because the debtor was a serialfiler who had agreed not to file again for at least 180 days. (Bankr. N.D. Miss.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior

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Consumer opinion summary, case decided on August 25, 2021 , LexisNexis #1021-029

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.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on December 16, 2020 , LexisNexis #0121-080

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.)
Issue(s)
Filing of the plan.

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Consumer opinion summary, case decided on October 09, 2020 , LexisNexis #1120-96

Morris, In re

Ruling
Government's motion granted where confirmation did not bar a subsequent and otherwisevalid assertion of setoff rights.(Bankr. N.D. Miss.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on March 16, 2020 , LexisNexis #0420-091

Potts, In re--Potts v. Potts

Ruling
Judicial lien created by divorce judgment did not represent a domestic support obligationentitled to nondischargeability. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 29, 2020 , LexisNexis #0320-033

Wester, In re

Ruling
Debtor's conversion to Chapter 13 was denied as debtors' schedules contained inaccuraciesand inconsistencies. (Bankr. N.D. Miss.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on January 14, 2020 , LexisNexis #0220-067

Livingston, In re

Ruling
Creditor was not entitled to relief from stay as it failed to object to the plan's proposedtreatment prior to confirmation. (Bankr. N.D. Miss.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on June 28, 2019 , LexisNexis #0919-022

Gunn, In re

Ruling
Undersecured mortgage creditor with debt secured by the debtor's principal residence couldrecover reasonable preconfirmation attorneys’ fees. (Bankr. N.D. Miss.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on June 18, 2019 , LexisNexis #0819-073

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.)
Issue(s)
Automatic Stay; Order Confirming Termination.

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Consumer opinion summary, case decided on February 06, 2019 , LexisNexis #0319-028