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southern district of mississippi

Flechas, In re--MCF AF, LLC v. Flechas

Ruling
Court affirmed that debt was nondischaregeable as the debtor disbursed the funds while the creditor was relying on his representations to its detriment. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on November 16, 2017 , LexisNexis #1217-098

Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc.

Ruling
Trustee may avoid quitclaim deed as the deed was not recorded before the debtor declaredbankruptcy. (Bankr. S.D. Miss.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.

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Commercial opinion summary, case decided on October 17, 2017 , LexisNexis #1117-105

Fish & Fisher, Inc., In re

Ruling
Total denial of a professional's fees was not warranted for there was no evidence presentedwhich showed that the professional acted in any manner considered as harmful toward thebankruptcy estate. (Bankr. S.D. Miss.)
Issue(s)
Limitation on Compensation of Professional Persons; Grounds for Denial of Compensation.

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Commercial opinion summary, case decided on September 01, 2017 , LexisNexis #1017-003

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.

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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.

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

Pioneer Health Servs., In re

Ruling
Motion to approve critical vendor payments to affected physicians denied where court found no significant offsetting bankruptcy-related justification for classifying the physicians as critical vendors. (Bankr. S.D. Miss.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Commercial opinion summary, case decided on April 04, 2017 , LexisNexis #0517-040

Oliver, In re

Ruling
Motion to reopen chapter 13 case denied because the allegations of fraud related to actionstaken during the pendency of a closed bankruptcy case. (Bankr. S.D. Miss.)
Issue(s)
Relief From Judgment or Order.

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Consumer opinion summary, case decided on March 01, 2017 , LexisNexis #0417-030

Mason, In re--Sr. Rushmore Loan Mgmt. Servs. v. Mason

Ruling
Court granted summary judgment in favor of debtor because debtor met the minimumrequirements for voiding creditor's lien. (Bankr. S.D. Miss.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on January 27, 2017 , LexisNexis #0317-010

Lefoldt v. Patel (In re S&P Enters., LLC)

Ruling
Transfers of funds from debtor were avoidable because admissions showed that fundwithdrawals by defendant were fraudulent. (Bankr. S.D. Miss.)
Issue(s)
Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.

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Commercial opinion summary, case decided on January 04, 2017 , LexisNexis #0217-042

Lefoldt v. Amandvia (In re S&P Enters., LLC)

Ruling
Litigation agent allowed to avoid transfers because the withdrawals of funds by debtorqualified as fraudulent transfers. (Bankr. S.D. Miss.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.

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Commercial opinion summary, case decided on January 03, 2017 , LexisNexis #0217-011