Heritage Real Estate Inv., In re
May
12
2021
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.).
Issue(s)
Duties of Trustee; Included Duties.
ABI Membership is required to access the full summary of Heritage Real Estate Inv., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Martin, In re--Demory v. Martin
Apr
27
2021
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
ABI Membership is required to access the full summary of Martin, In re--Demory v. Martin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
On-Site Fuel Serv., In re
Feb
26
2021
Ruling
Special counsel's fee application was approved because the hours and services expended bythem were reasonable. (Bankr. S.D. Miss.)
Issue(s)
Compensation of Officers.
ABI Membership is required to access the full summary of On-Site Fuel Serv., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Whitten, In re--Clay v. Whitten
Jul
10
2020
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Whitten, In re--Clay v. Whitten Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Olack ) [ Bankruptcy Court ]
- 11 U.S.C.
Gutierrez, In re
Jul
06
2020
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.)
Issue(s)
Abstention; Dismissal or Suspension by the Court.
ABI Membership is required to access the full summary of Gutierrez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Olack ) [ Bankruptcy Court ]
- 11 U.S.C.
Gutierrez, In re
May
15
2020
Ruling
The use of official form 105 was legally sufficient to state a claim in an involuntaryproceeding. (Bankr. S.D. Miss.)
Issue(s)
Involuntary Cases; Commencement; If Fewer than 12 Creditors.
ABI Membership is required to access the full summary of Gutierrez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Webb, In re
Mar
03
2020
Ruling
Employer’s loan to debtor for software certification was not an educational loan excepted fromdischarge. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans; Government
ABI Membership is required to access the full summary of Webb, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Pioneer Health Servs., In re
Feb
28
2020
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.)
Issue(s)
Disposal of Patient Records.
ABI Membership is required to access the full summary of Pioneer Health Servs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Whitt, In re
Feb
19
2020
Ruling
Court held that post-petition retirement contributions are not considered disposable income.(Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Objections; `Disposable Income'' Defined.
ABI Membership is required to access the full summary of Whitt, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McCoy, In re--McCoy v. Miss. Dep't of Revenue
Feb
03
2020
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Late or Unfiled Return.
ABI Membership is required to access the full summary of McCoy, In re--McCoy v. Miss. Dep't of Revenue Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: