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northern district of mississippi

Skelton, In re

Ruling
Debtor's motion to avoid judgment lien conditionally granted because creditor's lien didimpair a homestead exemption to which the debtor was entitled. (Bankr. N.D. Miss.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on December 16, 2020 , LexisNexis #0121-080

305 Petroleum, Inc., In re

Ruling
Small business debtor that was a member of a group of affiliates whose aggregate debtexceeded $7,500,000 was not eligible under Subchapter V. (Bankr. N.D. Miss.)
Issue(s)
Definitions; “Small Business Debtor”; Affiliated Debtors With Debts in Excess of

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Commercial opinion summary, case decided on October 27, 2020 , LexisNexis #1220-026

Jenkins, In re

Ruling
Chapter 7 trustee's motion to sell debtor's boat free and clear of liens, interest, encumbrances,and claims was granted. (Bankr. N.D. Miss.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on October 22, 2020 , LexisNexis #1220-033

Easter, In re

Ruling
Debtors' belated subsection V election was procedurally permissible as the Small BusinessReorganization Act of 2019 was enacted while the case was pending. (Bankr. N.D. Miss.)
Issue(s)
Filing of the plan.

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Consumer opinion summary, case decided on October 09, 2020 , LexisNexis #1120-96

Smith, In re

Ruling
Property could not be recovered for the estate where debtor was divested of legal title to theproperty several months prior to the commencement of the bankruptcy case.. (Bankr. N.D.Miss.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on August 12, 2020 , LexisNexis #0920-064

Mansel, In re--Piggly Wiggly Ala. Distrib. Co. v. Mansel

Ruling
Creditor's claim was deemed allowed as the creditor had filed its proof of claim in theunderlying bankruptcy case and the debtor did not object. (Bankr. N.D. Miss.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on April 29, 2020 , LexisNexis #0620-087

Morris, In re

Ruling
Government's motion granted where confirmation did not bar a subsequent and otherwisevalid assertion of setoff rights.(Bankr. N.D. Miss.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on March 16, 2020 , LexisNexis #0420-091

Potts, In re--Potts v. Potts

Ruling
Judicial lien created by divorce judgment did not represent a domestic support obligationentitled to nondischargeability. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 29, 2020 , LexisNexis #0320-033

Wester, In re

Ruling
Debtor's conversion to Chapter 13 was denied as debtors' schedules contained inaccuraciesand inconsistencies. (Bankr. N.D. Miss.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on January 14, 2020 , LexisNexis #0220-067

Tillman, In re

Ruling
Debtor's motion to convert her case to Chapter 13 was denied for her failure to disclose herownership of real property on her bankruptcy schedules. (Bankr. N.D. Miss.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on November 18, 2019 , LexisNexis #0120-018