Judge Olack

Heritage Real Estate Inv., In re

Ruling: 
Court lacked jurisdiction to sustain the objection regarding the validity of the judgmentcreditors' alleged judicial lien while an appeal before the district court remained pending.(Bankr. S.D. Miss.)Court lacked jurisdiction to sustain the objection regarding the validity of the judgment creditors' allegedjudicial lien while an appeal before the district court remained pending because, to grant the relief soughtwould require the court to revisit the prior order and its dismissal of the adversary proceeding, whichwould interfere with the issues raised on appeal.Heritage Real Estate Inv., In re, 2021 Bankr. LEXIS 1279 (Bankr. S.D. Miss. May 12, 2021) (Olack, B.J.).
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Commercial case opionion summary, case decided on May 12,2021, LexisNexis #0621-091

Martin, In re--Demory v. Martin

Ruling: 
Debt arising from a state court default judgment was nondischargeable as debtor's conductand misrepresentations created an overall false impression that induced plaintiff tocontinue making payments. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-038

On-Site Fuel Serv., In re

Ruling: 
Special counsel's fee application was approved because the hours and services expended bythem were reasonable. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on February 26,2021, LexisNexis #0421-002

Whitten, In re--Clay v. Whitten

Ruling: 
State court judgment was nondischargeable on grounds of fraud due to operation of collateral estoppel and the Rooker-Feldman doctrine. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 10,2020, LexisNexis #0820-060

Gutierrez, In re

Ruling: 
Involuntary debtor did not meet the burden of proof necessary for the bankruptcy court to abstain from hearing petitioning creditor’s claim in favor of state court. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 06,2020, LexisNexis #0820-027

Gutierrez, In re

Ruling: 
The use of official form 105 was legally sufficient to state a claim in an involuntaryproceeding. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on May 15,2020, LexisNexis #0720-001

Webb, In re

Ruling: 
Employer’s loan to debtor for software certification was not an educational loan excepted fromdischarge. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on March 03,2020, LexisNexis #0420-040

Pioneer Health Servs., In re

Ruling: 
Trustee's motion to enforce the asset purchase agreement against purchaser LLC was grantedas APA unambiguously included historical patient records which the LLC declined to takeinto its custody. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on February 28,2020, LexisNexis #0420-031

Whitt, In re

Ruling: 
Court held that post-petition retirement contributions are not considered disposable income.(Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-023

McCoy, In re--McCoy v. Miss. Dep't of Revenue

Ruling: 
Debtor's motion to discharge unpaid state income taxes was dismissed as her tax liabilitieswere previously excepted from discharge by the bankruptcy court. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on February 03,2020, LexisNexis #0320-034

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