Judge Olack

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

Great Southern Golf Club, Inc., In re

Ruling: 
Court denied creditor's motion for stay relief as the actual value of the property was closer tothe debtor-in-possession's appraiser's valuation. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-005

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

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