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northern district of mississippi

Donaldson, In re

Ruling
Bankruptcy court does not have jurisdiction to determine a non-debtor's tax liability. (Bankr. N.D. Miss.)
Issue(s)
Determination of Tax Liability; The Role Of The Court; Bankruptcy Court.

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Consumer opinion summary, case decided on July 02, 2018 , LexisNexis #0818-039

Smith, In re--Bobbie Chance Robinson, Commer. Grain Mkgt., LLC v. Smith

Ruling
Court held that each creditor was entitled to a nondischargeable debt against the debtor fordebtor's false pretenses and false representations. (Bankr. N.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on April 23, 2018 , LexisNexis #0718-011

Jones, In re--Mid-South Maint., Inc. v. Jones

Ruling
Nondischargeable final judgment was entered in favor of plaintiffs as debtors committed actual fraud, obtained money by their actual fraud, and debt arose from their actual fraud. (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 March 09, 2018 , LexisNexis #0418-041

Litton, In re

Ruling
Transfers made within 90 days of debtor's bankruptcy petition date were not avoidablepreferences as the transferred funds would not have been property of the debtor's bankruptcyestate. (Bankr. N.D. Miss.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on January 30, 2018 , LexisNexis #0318-047

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