Skip to main content

Page Banner(Taxonomy)

judge samson

Hill, In re

Ruling
Plan confirmation denied as it proposed to cram down secured creditor's claim to a presentvalue of the collateral. (Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

ABI Membership is required to access the full summary of Hill, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 17, 2019 , LexisNexis #0120-096

Winstead, In re

Ruling
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

ABI Membership is required to access the full summary of Winstead, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 31, 2019 , LexisNexis #0919-097

Friede Goldman Halter, In re

Ruling
Motion to reopen chapter 11 cases denied as the movant was not a debtor nor a party ininterest. (Bankr. S.D. Miss.)
Issue(s)
Closing and Reopening Cases.

ABI Membership is required to access the full summary of Friede Goldman Halter, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 02, 2019 , LexisNexis #0719-026

Magee, In re--Magee v. Southern Fin. Sys.

Ruling
Creditor did not violate automatic stay due to good faith effort to prevent garnishment. (Bankr.S.D. Miss.)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Magee, In re--Magee v. Southern Fin. Sys. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 04, 2019 , LexisNexis #0619-030

House, In re

Ruling
Debtors were barred from opposing creditor's foreclosure as they were bound by their confirmed plan. (Bankr. S.D. Miss.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

ABI Membership is required to access the full summary of House, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 18, 2019 , LexisNexis #0219-092

White, In re

Ruling
Stay relief was granted to allow bank to present its defenses and prosecute its counterclaimin an arbitration proceeding that only raised state law issues. (Bankr. S.D. Miss.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of White, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 27, 2018 , LexisNexis #1118-008

Landrum, In re

Ruling
Court sustained mortgage company's objection to confirmation of debtors' plan as itimpermissibly proposed to pay creditor less than the replacement value of the collateralmanufactured home. (Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

ABI Membership is required to access the full summary of Landrum, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 11, 2018 , LexisNexis #0818-085

Nat'l Truck Funding LLC, In re

Ruling
Modification of plan was not material as to a creditor as the creditor voted to reject the plan and creditor lacked standing to object to the plan's modification. (Bankr. S.D. Miss.)
Issue(s)
Modification of Plan.

ABI Membership is required to access the full summary of Nat'l Truck Funding LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 01, 2018 , LexisNexis #0718-057

Powell, In re--Powell v. Powell

Ruling
When bankruptcy is filed after a divorce proceeding has been filed, all assets of the debtorspouse shall form part of the bankruptcy estate. (Bankr. S.D. Miss.)
Issue(s)
Bankruptcy Cases and Proceedings; Exclusive Jurisdiction Over Property of Debtor.

ABI Membership is required to access the full summary of Powell, In re--Powell v. Powell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 30, 2017 , LexisNexis #0817-024

House, In re--House v. Craft Auto Sales, LLC

Ruling
Creditor willfuly violated the automatic stay in retaining debtors' repossessed vehicle evenafter debtors had shown that the vehicle was insured. (Bankr. S.D. Miss.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of House, In re--House v. Craft Auto Sales, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-063