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
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
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
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