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southern district of mississippi

Long, In re--Long v. Long

Ruling
Debt was not excepted from discharge where trustee had not established that debtor madeomissions with intent to hinder, delay or defraud a creditor or officer of the estate. (Bankr. S.D.Miss.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on April 09, 2019 , LexisNexis #0619-095

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.

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

Alexander Seawright Transp., In re

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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Commercial opinion summary, case decided on March 01, 2019 , LexisNexis #0519-027

Two Sts., Inc., In re

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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Commercial opinion summary, case decided on February 26, 2019 , LexisNexis #0419-064

On-Site Fuel Serv., In re

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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Commercial opinion summary, case decided on January 30, 2019 , LexisNexis #0319-026

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.

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

Avery, In re--BancorpSouth Bank v. Avery

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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Consumer opinion summary, case decided on November 30, 2018 , LexisNexis #0119-037

Jamison, In re--Car Fin. Servs. v. Jamison

Ruling
Judgment obtained against chapter 7 debtor was nondischargeable as the debtormisrepresented his interest in an LLC to obtain a loan from the creditor. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on November 05, 2018 , LexisNexis #1218-072

Pioneer Health Servs., In re

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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Commercial opinion summary, case decided on October 02, 2018 , LexisNexis #1118-083

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.

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