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southern district of mississippi

Williams, In re

Ruling
Debt was nondischargeable as the state court's factual findings that debtor breached her fiduciary duties as a manager and member of the LLC by misappropriating funds had preclusive effect. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-034

Okorie, In re

Ruling
Debtor's automatic stay was annulled and bank's foreclosure was validated as more than fouryears had passed since debtor voluntarily vacated the property. (Bankr. S.D. Miss.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on February 12, 2024 , LexisNexis #0424-033

Okorie, In re

Ruling
Trustee's decision not to file objections to claims that were sufficient to establish prima facieevidence of validity and amount was justifiable. (Bankr. S.D. Miss.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on November 06, 2023 , LexisNexis #0124-030

Knight, In re

Ruling
State chancery court did not divest the debtor of any ownership rights in the homesteadproperty as its subject matter jurisdiction was limited to the issue of whether the debtor'stransfer of the property was fraudulent. (Bankr. S.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 07, 2023 , LexisNexis #1023-015

Campbell, In re

Ruling
Debtor was awarded damages against a creditor, an attorney, and a law firm and two attorneys for their willful violation of the bankruptcy stay by filing and serving a lawsuit seeking $8.5 million in damages against the debtor when they knew he had filed for bankruptcy as it was brought up in the divorce proceeding. (Bankr. S.D. Miss.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on March 13, 2023 , LexisNexis #0523-004

Murray, In re--Robertson v. Murray

Ruling
Defamation judgment was excepted from debtor's Chapter 7 discharge as it met the willfuland malicious standard. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on January 18, 2023 , LexisNexis #0323-061

Farris, In re

Ruling
Secured creditor's lien was avoidable only as to the personal property that was both exemptunder state law and a "household good" as defined by the bankruptcy code. (Bankr. S.D. Miss.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; “Household Goods” Defined.

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Consumer opinion summary, case decided on March 30, 2022 , LexisNexis #0522-081

Ochello, In re--Lou v. Ochello

Ruling
Debt was nondischargeable on grounds of embezzlement where debtor transferred LLC fundsand property to herself. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on March 30, 2022 , LexisNexis #0522-086

Botsay, In re--A/C Supply Inc. v. Botsay

Ruling
Debt was dischargeable where the debtor's only relationship with the creditor was as acustomer to whom the creditor extended credit. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 11, 2022 , LexisNexis #0222-085

Heritage Real Estate Inv., In re

Ruling
Court lacked jurisdiction to sustain the objection regarding the validity of the judgmentcreditors' alleged judicial lien while an appeal before the district court remained pending.(Bankr. S.D. Miss.)Court lacked jurisdiction to sustain the objection regarding the validity of the judgment creditors' allegedjudicial lien while an appeal before the district court remained pending because, to grant the relief soughtwould require the court to revisit the prior order and its dismissal of the adversary proceeding, whichwould interfere with the issues raised on appeal.Heritage Real Estate Inv., In re, 2021 Bankr. LEXIS 1279 (Bankr. S.D. Miss. May 12, 2021) (Olack, B.J.).
Issue(s)
Duties of Trustee; Included Duties.

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Commercial opinion summary, case decided on May 12, 2021 , LexisNexis #0621-091