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southern district of mississippi

McCoy, In re--McCoy v. Miss. Dep't of Revenue

Ruling
Debtor's motion to discharge unpaid state income taxes was dismissed as her tax liabilitieswere previously excepted from discharge by the bankruptcy court. (Bankr. S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Late or Unfiled Return.

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Consumer opinion summary, case decided on February 03, 2020 , LexisNexis #0320-034

Great Southern Golf Club, Inc., In re

Ruling
Court denied creditor's motion for stay relief as the actual value of the property was closer tothe debtor-in-possession's appraiser's valuation. (Bankr. S.D. Miss.)
Issue(s)
Automatic Stay; Relief from Stay; Acts Against Property.

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Commercial opinion summary, case decided on January 23, 2020 , LexisNexis #0320-005

Hill, In re

Ruling
Plan confirmation denied as it proposed to cram down secured creditor's claim to a presentvalue of the collateral. (Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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Consumer opinion summary, case decided on December 17, 2019 , LexisNexis #0120-096

VCR I, LLC, In re

Ruling
Motion to sell property to potential good faith purchaser approved as an exercise of soundbusiness judgment. (Bankr. S.D. Miss.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of

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Commercial opinion summary, case decided on October 28, 2019 , LexisNexis #1219-059

Winstead, In re--Pool v. Winstead

Ruling
Nondischargeability proceeding dismissed where creditor did not identify any falserepresentation that debtors knowingly made to creditor nor did it argue actual fraud. (Bankr.S.D. Miss.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 24, 2019 , LexisNexis #1119-062

Stewart, In re--Stewart v. Archie's Auto Sales, Inc.

Ruling
Debtor’s repeated failure to appear at § 341 meetings in her prior bankruptcy case was notwillful and did not bar her from filing a new bankruptcy case. (Bankr. S.D. Miss.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal

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Consumer opinion summary, case decided on September 13, 2019 , LexisNexis #1119-027

Winstead, In re

Ruling
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on July 31, 2019 , LexisNexis #0919-097

Nichols, In re--Smith v. Nichols

Ruling
Discharge denied for debtor's failure to disclose transfers to her children within two years offiling the bankruptcy petition. (Bankr. S.D. Miss.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on June 24, 2019 , LexisNexis #0819-097

On-Site Fuel Serv., In re

Ruling
Involuntary petition was not subject to dismissal as petitioning creditors showed that thedebtor was not paying its debts as they became due. (Bankr. S.D. Miss.)
Issue(s)
Involuntary Cases; Relief Against Debtor.

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Commercial opinion summary, case decided on May 24, 2019 , LexisNexis #0819-002

Friede Goldman Halter, In re

Ruling
Motion to reopen chapter 11 cases denied as the movant was not a debtor nor a party ininterest. (Bankr. S.D. Miss.)
Issue(s)
Closing and Reopening Cases.

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Commercial opinion summary, case decided on May 02, 2019 , LexisNexis #0719-026