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southern district of mississippi

A & M Invs. LLC v. Kirtley (In re Kirtley)

Ruling
Oath that creditor did not show to be false could not be grounds for denial of discharge.
Issue(s)
Was allegedly false oath by debtor grounds for denial of discharge?

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Consumer opinion summary, case decided on July 10, 2015 , LexisNexis #0815-022

Capital Furniture Co. v. Harris (In re Harris)

Ruling
Nondischargeability proceeding dismissed where debtor had not made any written representations on which creditor could have relied.
Issue(s)
Was debt nondischargeable due to misrepresentations by debtor to creditor?

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Consumer opinion summary, case decided on June 05, 2015 , LexisNexis #1015-122

In re Smith

Ruling
Dismissal of motion for conversion to chapter 7 denied where debtor's bad faith was established.
Issue(s)
Should trustee's motion for conversion of chapter 13 case to a chapter 7 case be dismissed?

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Consumer opinion summary, case decided on May 21, 2015 , LexisNexis #0615-101

First Bank v. Adams (In re Adams)

Ruling
Discharge denied due to debtors' concealment of furniture, artwork, jewelry, and firearms and failure to deposit funds into debtors in possession account.
Issue(s)
Was concealment of furniture, artwork, jewelry, and firearms of significant value by debtors in possession and failure to deposit funds in debtors in possession account grounds for denial of discharge?

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Consumer opinion summary, case decided on April 22, 2015 , LexisNexis #0515-096

L Harris Constr. Co. v. Mississippi Dept of Revenue (In re L Harris Constr. Co.)

Ruling
Bankruptcy court could not determine debtor's taxes following final administrative adjudication.
Issue(s)
Was debtor entitled to a determination of tax debt by the bankruptcy court despite prior administrative determination?

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Commercial opinion summary, case decided on April 09, 2015 , LexisNexis #0515-007

In re Johnson

Ruling
Relief from stay granted to allow truck rental company to pursue replevin action.
Issue(s)
Should relief from stay be granted to truck rental to allow replevin proceeding against debtor's truck?

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Consumer opinion summary, case decided on March 27, 2015 , LexisNexis #0415-078

In re Tatum

Ruling
Relief from stay denied where creditor's "judgment for possession" was not final.
Issue(s)
Was judgment for possession that was still subject to appeal a final so as to allow creditor to seek relief from stay to enforce the judgment?

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Consumer opinion summary, case decided on March 06, 2015 , LexisNexis #0615-005

Thomas v. Rice (In re Rice)

Ruling
Debt was nondischargeable due to debtor's fraud regarding payments on mobile home.
Issue(s)
Was debt nondischargeable due to debtor's misrepresentations regarding lien on mobile home to purchaser?

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Consumer opinion summary, case decided on February 20, 2015 , LexisNexis #0315-082

Touchstone v. T & S Sawmill Inc. (In re Touchstone)

Ruling
Items in creditor's possession that were necessary to debtor's ongoing operations order turned over to the trustee.
Issue(s)
Should creditor be ordered to turn over property in its possession that were necessary for debtor's reorganization?

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Consumer opinion summary, case decided on January 29, 2015 , LexisNexis #0215-127

In re Dowdy

Ruling
Executory licensing agreements were severable from stipulation and settlement and could be assumed.
Issue(s)
Could debtor assume executory licensing agreements or were the agreements encompassed by a contemporaneously executed stipulation and settlement agreement so that all the agreements would have to be assumed in their entirety?

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Consumer opinion summary, case decided on January 28, 2015 , LexisNexis #0315-015