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judge woodard

Smith, In re

Ruling
Use of postpetition fund to pay postpetition premiums on a prepitition policy did nottransform the policy to a non-estate asset. (Bankr. N.D. Miss.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition Earnings.

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Consumer opinion summary, case decided on June 27, 2017 , LexisNexis #0817-012

Martin, In re

Ruling
Bank was free to enforce its unsecured claim as it was not included in the discharge order. (Bankr. N.D. Miss.)
Issue(s)
Discharge; Full-Compliance Discharge; Allowed Claims Payable After Final Plan Payment Excepted.

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Consumer opinion summary, case decided on May 05, 2017 , LexisNexis #0617-051

Wilhite, In re

Ruling
Debt owed to creditor was not excepted from discharge as the debtor was sufficiently justifiedunder the circumstances by her subjective intent to preserve her contractual rights aftercreditor's alleged breach of contract. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 01, 2017 , LexisNexis #0417-007

Leland v. Sanders (In re Sanders)

Ruling
Fraud claim by homeowner against debtor contractor was nondischargeable. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on December 02, 2016 , LexisNexis #0117-013

Justice v. Educ. Credit Mgmt. Corp. (In re Justice)

Ruling
Student loan debt was nondischargeable given debtor’s failure to meet any of the three prongsof the Brunner test. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on November 28, 2016 , LexisNexis #1216-104

In re Spencer

Ruling
Claim against debtor as general partner in partnership was not entitled to administrativeexpense status. (Bankr. N.D. Miss.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Value of Goods Sold to Debtor Within 20 Days Prior to Filing Date in Ordinary Course of Business.

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Consumer opinion summary, case decided on November 01, 2016 , LexisNexis #1116-112

Higgins v. Nunnelee (In re Nunnelee)

Ruling
Unsecured loan debt owed to debtor’s sister was dischargeable absent evidence ofmisrepresentation. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on October 21, 2016 , LexisNexis #1116-087

In re Riley

Ruling
County's tax liens had priority over secured claim.
Issue(s)
Whether a county's tax lien primes a creditor's previously perfected security interest?

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Consumer opinion summary, case decided on June 03, 2016 , LexisNexis #0616-110

In re Smith

Ruling
Trustee's objection to confirmation overruled as it would result in returning to pre-BAPCPA method of calculating debtor's projected disposable income.
Issue(s)
Whether to sustain trustee's objection to confirmation under 11 U.S.C.S. § 1325(b)(1)(B).

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Consumer opinion summary, case decided on April 04, 2016 , LexisNexis #0416-137

In re Evans

Ruling
Lien against debtor's exempt riding lawn mower was avoidable.
Issue(s)
Should debtor's motion to avoid a lien on a riding mower be granted?

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Consumer opinion summary, case decided on March 29, 2016 , LexisNexis #0416-118