- 11 U.S.C.
Morris, In re
Sep
14
2018
Ruling
Confirmation of chapter 12 plan denied where debtor has history of being unable to make timely payments and the amounts provided to the court did not show that debtor has reasonable chance of successfully carrying out his duties and obligations under the plan. (Bankr. N.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions; Debtor's Ability to Comply With Plan.
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Court
:
- 11 U.S.C.
Quackenbush, In re--Quackenbush v. United States Dep't of Educ.
Aug
24
2018
Ruling
Debtor was not entitled to have her student loan discharged as she failed to produce anyevidence to show that she cannot secure at least part-time employment in any profession andthat she has made a good faith effort to repay her student loans. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
Quackenbush, In re--Quackenbush v. United States Dep't of Educ.
Aug
24
2018
Ruling
Debtor was not entitled to have her student loan discharged as she failed to produce anyevidence to show that she cannot secure at least part-time employment in any profession andthat she has made a good faith effort to repay her student loans. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
Rucker, In re
Jul
03
2018
Ruling
Court set the replacement value of the manufactured home and accepted creditor's valuation but reduced the amount to account for certain faults. (Bankr. S.D. Miss.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor Chapter 7 or Chapter 13 Cases.
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Court
:
- 11 U.S.C.
Landrum, In re
Jun
11
2018
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.
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Court
:
- 11 U.S.C.
Nat'l Truck Funding LLC, In re
Jun
01
2018
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.
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Court
:
Bush, In re--Wood v. Bush
May
16
2018
Ruling
Creditor failed to show that debt was nondischargeable as there was no evidence that debtorobtained his loans by false pretense, false representation, or actual fraud. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Alabama, In re--Mississippi Farm, Inc.--Reach Inc. v. Smith
May
14
2018
Ruling
Trustee granted judgment on partial findings as creditor was not entitled to injunctive reliefwhere the auction and sale of the property had concluded and the order approving the motionfor confirmation of sale was final and non-appealable. (Bankr. S.D. Miss.)
Issue(s)
Time for Filing Notice of Appeal.
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Court
:
VCR I, LLC, In re
May
04
2018
Ruling
Motion for stay pending appeal denied because movant failed to show how the trustee,bankruptcy estate, creditors, and equity holders will not suffer substantial injury if a stay ofthe auction is granted. (Bankr. S.D. Miss.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.
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Court
:
- 28 U.S.C.
Franchise Servs. of N. Am., In re
Jan
17
2018
Ruling
Debtor's request for certification of a direct appeal to the Fifth Circuit was granted as the court found that there was no controlling decision by the Fifth Circuit or the Supreme Court. (Bankr. S.D. Miss.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification; Factors.
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Court
: