In re Pursue Energy Corp.

Oct

2009

Ruling

Claim disallowed due to creditor's failure to provide supporting documentation.

Procedural posture

The creditor filed a claim against the chapter 11 debtor's estate. The debtor objected to the claim, because the creditor failed to produce any documentation to show the validity and amount of the claim.

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Court :

Southern District of Mississippi ( Judge Ellington ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on October 23, 2009 , LexisNexis #1209-099

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11 U.S.C.

McCoy v. Mississippi State Tax Commn (In re McCoy)

Aug

2009

Ruling

Debtor's prepetition tax liabilities were nondischargeable.

Procedural posture

Plaintiff debtor, a Mississippi taxpayer, brought an adversary complaint seeking a declaration from this Court that her debt to the State for pre-petition income taxes arising out of her tax obligations for the 1998 and 1999 tax years were discharged in her chapter 7 bankruptcy. Defendant, the State tax commission, moved to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6).

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Court :

Southern District of Mississippi ( Judge Ellington ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on August 31, 2009 , LexisNexis #1009-012

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11 U.S.C.
- § 1325
- § 1325(a)

In re Busby

Aug

2008

Ruling

Negative equity was not included in secured portion of 910 vehicle claim under hanging paragraph.

Procedural posture

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a creditor filed a claim in the amount of $ 26,308.22 on a vehicle the debtors purchased less than 910 days before they declared bankruptcy. A trustee was appointed to represent the bankruptcy estate, and he filed an objection to the creditor's claim.

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Court :

Southern District of Mississippi ( Judge Ellington ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on August 28, 2008 , LexisNexis #1108-052

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11 U.S.C.

In re Armstrong & Guy Law Office LLC

Dec

2007

Ruling

Relief from stay granted to allow attorneys'fee litigation related to Fen-Phen liability cases to move forward.

Procedural posture

In a state court civil action, debtors were scheduled to defend a case involving contract and fee-splitting disputes among attorneys in the prosecution of numerous Fen-Phen cases. After the debtors filed voluntary chapter 11 petitions, the attorneys sought modifications of the automatic stay under 11 U.S.C. § 362(d)(1) to permit the underlying litigation to go forward.

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Court :

Southern District of Mississippi ( Judge Ellington ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on December 21, 2007 , LexisNexis #0208-001

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