Aug
24
2018
Quackenbush, In re--Quackenbush v. United States Dep't of Educ.
Ruling:
Debtor was not entitled to have her student loan discharged as she failed to produce anyevidence to show that she cannot secure at least part-time employment in any profession andthat she has made a good faith effort to repay her student loans. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-016
Aug
24
2018
Quackenbush, In re--Quackenbush v. United States Dep't of Educ.
Ruling:
Debtor was not entitled to have her student loan discharged as she failed to produce anyevidence to show that she cannot secure at least part-time employment in any profession andthat she has made a good faith effort to repay her student loans. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-016
Jun
11
2018
Landrum, In re
Ruling:
Court sustained mortgage company's objection to confirmation of debtors' plan as itimpermissibly proposed to pay creditor less than the replacement value of the collateralmanufactured home. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on June 11,2018, LexisNexis #0818-085
Jul
03
2018
Rucker, In re
Ruling:
Court set the replacement value of the manufactured home and accepted creditor's valuation but reduced the amount to account for certain faults. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 03,2018, LexisNexis #0818-040
Jun
01
2018
Nat'l Truck Funding LLC, In re
Ruling:
Modification of plan was not material as to a creditor as the creditor voted to reject the plan and creditor lacked standing to object to the plan's modification. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on June 01,2018, LexisNexis #0718-057
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
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
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