Southern District

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

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

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

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.)
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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

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

Pioneer Health Servs., In re

Ruling: 
Motion to approve critical vendor payments to affected physicians denied where court found no significant offsetting bankruptcy-related justification for classifying the physicians as critical vendors. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on April 04,2017, LexisNexis #0517-040

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