Sep
13
2019
Stewart, In re--Stewart v. Archie's Auto Sales, Inc.
Ruling:
Debtor’s repeated failure to appear at § 341 meetings in her prior bankruptcy case was notwillful and did not bar her from filing a new bankruptcy case. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on September 13,2019, LexisNexis #1119-027
Jul
31
2019
Winstead, In re
Ruling:
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 31,2019, LexisNexis #0919-097
Jun
24
2019
Nichols, In re--Smith v. Nichols
Ruling:
Discharge denied for debtor's failure to disclose transfers to her children within two years offiling the bankruptcy petition. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on June 24,2019, LexisNexis #0819-097
May
24
2019
On-Site Fuel Serv., In re
Ruling:
Involuntary petition was not subject to dismissal as petitioning creditors showed that thedebtor was not paying its debts as they became due. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on May 24,2019, LexisNexis #0819-002
May
02
2019
Friede Goldman Halter, In re
Ruling:
Motion to reopen chapter 11 cases denied as the movant was not a debtor nor a party ininterest. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on May 02,2019, LexisNexis #0719-026
Apr
09
2019
Long, In re--Long v. Long
Ruling:
Debt was not excepted from discharge where trustee had not established that debtor madeomissions with intent to hinder, delay or defraud a creditor or officer of the estate. (Bankr. S.D.Miss.)
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Consumer case opionion summary, case decided on April 09,2019, LexisNexis #0619-095
Apr
04
2019
Magee, In re--Magee v. Southern Fin. Sys.
Ruling:
Creditor did not violate automatic stay due to good faith effort to prevent garnishment. (Bankr.S.D. Miss.)
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Consumer case opionion summary, case decided on April 04,2019, LexisNexis #0619-030
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
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
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