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southern district of mississippi

Sims v. Big Lots Sotres Inc.

Sep
28
2006
Ruling
Employment discrimination actions that had not accrued as of filing date were not property of the estate.
Procedural posture

In a Title VII employment discrimination case, defendant former employer moved for summary judgment asserting that plaintiff former employee was judicially estopped from pursuing her claim because the employee filed for chapter 7 bankruptcy protection, obtained a discharge, and failed to disclose to the bankruptcy court her pending or potential suit or administrative proceeding against the employer.

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opinion summary, case decided on September 28, 2006 , LexisNexis #1006-131
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Oakridge Consulting Inc. v. Mark A. Robicheaux Inc. (In re Consolidated FGH Liquidating Trust)

Aug
31
2006
Ruling
Defendant in preference proceeding was not entitled to credit for payments to third parties on debtor's behalf.
Procedural posture

Chapter 11 debtor brought an adversary proceeding pursuant to 11 U.S.C. §§ 547(b) and 550(a) against defendant for the recovery of preferential transfers made by debtor to defendant.

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opinion summary, case decided on August 31, 2006 , LexisNexis #1006-098
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Williamson v. Cent. Miss. Med. Ctr.

Jul
20
2006
Ruling
Debtor's motion for abstention and remand of action back to state court was granted since state court could handle matter timely and would not impede estate's efficient administration.
Procedural posture

Plaintiff, debtor, sued defendants, a hospital, doctors, and corporations, in state court, asserting claims of medical negligence and product liability based upon injuries debtor allegedly sustained during a medical procedure. Debtor moved to abstain and remand the case to the Circuit Court of the First Judicial District of Hinds County, Mississippi. Defendants opposed the motion.

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opinion summary, case decided on July 20, 2006 , LexisNexis #0806-069
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