Judge Olack

VCR I, LLC, In re

Ruling: 
Motion to sell property to potential good faith purchaser approved as an exercise of soundbusiness judgment. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on October 28,2019, LexisNexis #1219-059

Winstead, In re--Pool v. Winstead

Ruling: 
Nondischargeability proceeding dismissed where creditor did not identify any falserepresentation that debtors knowingly made to creditor nor did it argue actual fraud. (Bankr.S.D. Miss.)
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Consumer case opionion summary, case decided on September 24,2019, LexisNexis #1119-062

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

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

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