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Southern District

Young v. Twin States Fin. Inc. (In re Young)

Plaintiff chapter 13 debtor filed a complaint against defendants, a creditor and its agent, alleging violations of the automatic stay under 11 U.S.C.S. § 362(a).
Ruling: 
Postpetition execution in replevin action, arrest and indictment of debtor were willful violations of stay.
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Consumer case opionion summary, case decided on April 09,2012, LexisNexis #0512-006

Country Credit LLC v. Kornegay (In re Kornegay)

Plaintiff creditor filed an adversary proceeding against defendant chapter 13 debtor, seeking a determination that the debtor owed the creditor a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(6) and an award of attorney's fees and costs. The case was tried to the court.
Ruling: 
Debt was nondischargeable due to debtor's failure to disclose dependants or significant debt to hospital.
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Consumer case opionion summary, case decided on March 19,2012, LexisNexis #0412-051

Country Credit LLC v. Johnson (In re Johnson)

Plaintiff creditor filed a complaint against defendant chapter 13 debtor seeking a determination that the indebtedness that she owed to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Debt was dischargeable where creditor could not establish reliance on debtor's alleged false representation.
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Consumer case opionion summary, case decided on March 19,2012, LexisNexis #0412-050

Smith v. Sims (In re Sims)

Plaintiff filed an adversary complaint to determine the dischargeability of a restitution debt under 11 U.S.C.S. § 523(a)(7).
Ruling: 
Restitution judgment holding debtor liable for son's debt was dischargeable absent evidence of intent of juvenile court.
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Consumer case opionion summary, case decided on February 17,2012, LexisNexis #0312-047

United States Trustee v. Gainey (In re Gainey)

After debtors won a discharge in a no-asset chapter 7 case, the U.S. trustee (UST), filed an adversary complaint to deny a discharge under 11 U.S.C.S. § 727(a)(4)(A) and 11 U.S.C.S. § 727(a)(2). The underlying issue related to debtors' continuing failure to disclose their ownership of certain marine assets including a marine boat, two jet skis and a pontoon boat, all of which property grossed $23,000 when later sold at auction.
Ruling: 
Discharge denied due to continuing failure to disclose marine assets.
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Consumer case opionion summary, case decided on February 17,2012, LexisNexis #0312-057

Pope v. Bataille (In re Bataille)

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and /or (a)(7). The debtor filed a motion to dismiss pursuant to Fed. R. Bankr. P. 7012, which the court treated as a motion for summary judgment under Fed. R. Bankr. P. 7056.
Ruling: 
Nondischargeability proceeding dismissed where creditor abandoned underlying state court action against debtor.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0312-104

Bolton v. Quick Cash Title Loans (In re Bolton)

This matter came on for hearing on debtor's motion for order requiring turnover of property or alternatively for contempt, and the pledge lender's answer to complaint and memorandum in opposition to the motion, as well as its motion to allow sale of collateral. The adversary required the court to determine whether debtor's vehicle was property of the estate, subject to turnover, and whether redemption was exercisable through her chapter 13 plan.
Ruling: 
Vehicle transferred by operation of law was not property of the estate and not subject to turnover.
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Consumer case opionion summary, case decided on January 05,2012, LexisNexis #0612-121

Green Tree Servicing LLC v. Boyd (In re Boyd)

Lender sought summary judgment on its complaint to void a tax sale conducted by defendant tax collector of debtors' manufactured home on the ground that the sale violated the automatic stay imposed by 11 U.S.C.S. § 362 in debtors' chapter 13 case. Defendant denied knowledge of the filing of the bankruptcy and asked the court to annul the stay, thereby validating the sale.
Ruling: 
Tax sale conducted in violation of stay voided despite alleged lack of knowledge of filing by tax collector.
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Consumer case opionion summary, case decided on December 22,2011, LexisNexis #0212-041

In re Red Door Prop. Mgmt. LLC

Pursuant to 28 U.S.C.S. §§ 1408 and 1412 and Fed. R. Bankr. P. 1014, a creditor filed a motion for transfer of a debtor in possession's chapter 11 bankruptcy proceeding to the U.S. Bankruptcy Court for the Eastern District of Louisiana. The creditor claimed that venue in the Southern District of Mississippi was not proper or convenient. The debtor opposed the motion.
Ruling: 
Under Title 11.
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Commercial case opionion summary, case decided on November 16,2011, LexisNexis #1211-101

Fox v. Ridgway (In re Ridgway)

Creditor brought an adversary complaint to deny defendant debtor a discharge in bankruptcy, pursuant to 11 U.S.C.S. § 727(a)(4)(A) and (a)(5). At issue was whether debtor knowingly and fraudulently, in or in connection with her bankruptcy case, made false oaths or accountings, and adequately explained the diminution of certain assets deposited into her brokerage account and her retirement account.
Ruling: 
Discharge denied due to debtor's false oaths.
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Consumer case opionion summary, case decided on November 10,2011, LexisNexis #1211-091

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