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northern district of mississippi

Brown, In re

Ruling
Debtor's motion for contempt granted where creditor received notice of the discharge orderbut refused to stop the garnishment until it received the motion for contempt. (Bankr. N.D.Miss.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on July 24, 2019 , LexisNexis #0919-063

Livingston, In re

Ruling
Creditor was not entitled to relief from stay as it failed to object to the plan's proposedtreatment prior to confirmation. (Bankr. N.D. Miss.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on June 28, 2019 , LexisNexis #0919-022

Gunn, In re

Ruling
Undersecured mortgage creditor with debt secured by the debtor's principal residence couldrecover reasonable preconfirmation attorneys’ fees. (Bankr. N.D. Miss.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on June 18, 2019 , LexisNexis #0819-073

Clark, In re

Ruling
Motion to impose stay denied as it was not timely and the motion seeking to impose the staywas filed 48 days after the bankruptcy petition was filed. (Bankr. N.D. Miss.)
Issue(s)
Automatic Stay; Duration.

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Consumer opinion summary, case decided on May 09, 2019 , LexisNexis #0719-055

Gray, In re

Ruling
Bank’s fees were allowed over debtor’s objection in debt collection action that was nevercompleted. (Bankr. N.D. Miss.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on March 28, 2019 , LexisNexis #0619-006

Ross, In re

Ruling
Trustee of original mortgagee was entitled to a judicial confirmation that the automatic stayprovisions did not bar it from pursuing foreclosure remedies against debtor's property as thedebtor did not have any legal or equitable interest in the title of the property. (Bankr. N.D.Miss.)
Issue(s)
Automatic Stay; Order Confirming Termination.

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Consumer opinion summary, case decided on February 06, 2019 , LexisNexis #0319-028

Davidson, In re--One Source Forms & Labels, Inc. v. Callahan

Ruling
Application for authority to pay compensation to special counsel was granted as 38%contingency fee award in adversary proceeding was within acceptable range of attorney's fees.(Bankr. N.D. Miss.)
Issue(s)
Limitation on Compensation of Professional Persons; Professionals Employed by Trustee

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Consumer opinion summary, case decided on January 28, 2019 , LexisNexis #0319-027

Morris, In re

Ruling
Confirmation of chapter 12 plan denied where debtor has history of being unable to make timely payments and the amounts provided to the court did not show that debtor has reasonable chance of successfully carrying out his duties and obligations under the plan. (Bankr. N.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions; Debtor's Ability to Comply With Plan.

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Consumer opinion summary, case decided on September 14, 2018 , LexisNexis #1018-111

New, In re--Dumitrache v. New

Ruling
Court concluded attorney's fees were domestic support obligations and debt was bothnondischargeable in bankruptcy and a priority claim that had to be paid in full over the lifeof the defendant's chapter 13 plan. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on September 04, 2018 , LexisNexis #1018-076

Speir, In re

Ruling
Debtor allowed to pay all secured creditors directly except one. (Bankr. N.D. Miss.)
Issue(s)
Trustee; Duties.

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Consumer opinion summary, case decided on August 08, 2018 , LexisNexis #0918-115