- 11 U.S.C.
Great Southern Golf Club, Inc., In re
Jan
23
2020
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.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.
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Court
:
- 11 U.S.C.
VCR I, LLC, In re
Oct
28
2019
Ruling
Motion to sell property to potential good faith purchaser approved as an exercise of soundbusiness judgment. (Bankr. S.D. Miss.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of
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Court
:
Winstead, In re--Pool v. Winstead
Sep
24
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Nichols, In re--Smith v. Nichols
Jun
24
2019
Ruling
Discharge denied for debtor's failure to disclose transfers to her children within two years offiling the bankruptcy petition. (Bankr. S.D. Miss.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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:
On-Site Fuel Serv., In re
May
24
2019
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.)
Issue(s)
Involuntary Cases; Relief Against Debtor.
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Court
:
- 11 U.S.C.
Alexander Seawright Transp., In re
Mar
01
2019
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.)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
Two Sts., Inc., In re
Feb
26
2019
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.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further
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Court
:
- 11 U.S.C.
On-Site Fuel Serv., In re
Jan
30
2019
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.)
Issue(s)
Involuntary Cases.
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Court
:
- 11 U.S.C.
Avery, In re--BancorpSouth Bank v. Avery
Nov
30
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Pioneer Health Servs., In re
Oct
02
2018
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.)
Issue(s)
Confirmation of Plan; Requirements.
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Court
: