Southern District

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

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

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

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

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

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

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

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

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

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

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