Southern District

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

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

Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc.

Ruling: 
Trustee may avoid quitclaim deed as the deed was not recorded before the debtor declaredbankruptcy. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on October 17,2017, LexisNexis #1117-105

Fish & Fisher, Inc., In re

Ruling: 
Total denial of a professional's fees was not warranted for there was no evidence presentedwhich showed that the professional acted in any manner considered as harmful toward thebankruptcy estate. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on September 01,2017, LexisNexis #1017-003

Powell, In re--Powell v. Powell

Ruling: 
When bankruptcy is filed after a divorce proceeding has been filed, all assets of the debtorspouse shall form part of the bankruptcy estate. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on June 30,2017, LexisNexis #0817-024

House, In re--House v. Craft Auto Sales, LLC

Ruling: 
Creditor willfuly violated the automatic stay in retaining debtors' repossessed vehicle evenafter debtors had shown that the vehicle was insured. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on June 14,2017, LexisNexis #0717-063

Pioneer Health Servs., In re

Ruling: 
Motion to approve critical vendor payments to affected physicians denied where court found no significant offsetting bankruptcy-related justification for classifying the physicians as critical vendors. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on April 04,2017, LexisNexis #0517-040

Oliver, In re

Ruling: 
Motion to reopen chapter 13 case denied because the allegations of fraud related to actionstaken during the pendency of a closed bankruptcy case. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on March 01,2017, LexisNexis #0417-030

Mason, In re--Sr. Rushmore Loan Mgmt. Servs. v. Mason

Ruling: 
Court granted summary judgment in favor of debtor because debtor met the minimumrequirements for voiding creditor's lien. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on January 27,2017, LexisNexis #0317-010

Lefoldt v. Patel (In re S&P Enters., LLC)

Ruling: 
Transfers of funds from debtor were avoidable because admissions showed that fundwithdrawals by defendant were fraudulent. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on January 04,2017, LexisNexis #0217-042

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