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Southern District

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

In re Taylor

Secured creditor bank filed an objection to confirmation of a debtor's chapter 13 plan. The debtor, the bank, and the chapter 13 trustee filed a proposed Agreed Order in order to resolve the objection.
Ruling: 
Agreement to provide bank with contract rate, rather than Till rate, of interest approved.
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Consumer case opionion summary, case decided on October 19,2011, LexisNexis #1111-066

Edwards v. Huntington Ingalls Inc.

Following severance of his claims from another case, plaintiff employee, who had previously filed for chapter 13 bankruptcy, filed a complaint against defendant employer, alleging racial discrimination and harassment. Defendant moved for summary judgment based on judicial estoppel.
Ruling: 
Unscheduled employment discrimination claims were judicially estopped.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #0911-089

Soisson v. Hillebrandt (In re Hillebrandt)

Plaintiff judgment creditor filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that a judgment he obtained against the debtor in a Texas court was nondischargeable under 11 U.S.C.S. § 523(a)(4) and /or (a)(6). The case was tried to the court.
Ruling: 
State court judgment was dischargeable absent finding of business relationship or willful and malicious conduct.
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Consumer case opionion summary, case decided on June 15,2011, LexisNexis #0711-121

In re South White Transp. Inc.

A creditor of chapter 11 debtor filed a motion to amend the plan confirmation order and for relief from the automatic stay.
Ruling: 
Lien on debtor's sole asset did not survive plan confirmation.
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Commercial case opionion summary, case decided on June 07,2011, LexisNexis #0711-097

Lanier v. Futch (In re Futch)

Plaintiff creditor filed adversary proceedings against defendant Chapter 7 debtors, seeking a determination that the debtors owed him a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The court awarded the creditor $1,948,801 and found that the debt was nondischargeable, and the debtors filed a motion to amend the court's judgment. The court ordered the debtors to show cause why their motion should not be stricken.
Ruling: 
Pro se debtor's "ghostwritten" motion to amend judgment stricken as product of unauthorized practice of law.
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Consumer case opionion summary, case decided on May 18,2011, LexisNexis #0611-120

In re Mims

A chapter 13 trustee filed a supplemental objection to confirmation of a debtor's plan on various grounds, including that the debtor's plan and case were not filed in good faith under 11 U.S.C.S. § 1325(a)(7). The trustee also sought dismissal of the debtor's case.
Ruling: 
Inadvertent inaccuracies in schedules were not grounds for denial of confirmation or dismissal.
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Consumer case opionion summary, case decided on May 06,2011, LexisNexis #0611-101

In re Green Hills Dev. Co. LLC

An alleged debtor filed a motion to dismiss petitioning creditor's involuntary Chapter 7 petition filed against it pursuant to 11 U.S.C.S. § 303. The creditor filed a motion for summary judgment.
Ruling: 
Involuntary petition dismissed where creditor did not show debtor was not paying debts as they came due or that its claim was not subject to bona fide dispute.
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Commercial case opionion summary, case decided on February 17,2011, LexisNexis #0311-036

In re Fish & Fisher Inc.

The court issued an order on August 18, 2010, which approved a Chapter 11 trustee's application seeking permission under 11 U.S.C.S. § 327 to hire an LLP to perform work as accountants, auditors, and tax consultants for the trustee. The United States Trustee ("UST") reviewed that order and filed a motion which asked the court to reconsider its order, and two individuals who held ownership interests in the debtor joined the UST's motion.
Ruling: 
Trustee's application to engage accounting firm that had sold its claim against debtor denied on reconsideration.
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Commercial case opionion summary, case decided on December 17,2010, LexisNexis #0111-073

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