Judge Olack

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

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

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

Morris, In re

Ruling: 
Confirmation of chapter 12 plan denied where debtor has history of being unable to make timely payments and the amounts provided to the court did not show that debtor has reasonable chance of successfully carrying out his duties and obligations under the plan. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-111

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

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

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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