Southern District

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

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

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

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

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

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

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

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

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

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

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