Bankruptcy Court for the Southern District of Mississippi Court Cases

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  1. In Re Banks (1993)

    Before the Court is the Debtor's Motion for Modification of Plan and Mercury Finance Company's objection thereto. Having considered the pleadings, memoranda, testimony of the debtor and arguments presented by counsel, the Court concludes that the motion should be denied.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 9207534 SEG
  2. In Re Morgan (1987)

    THIS MATTER came on for hearing on Melvin Young Morgan and Mary Alice Morgan's Petition to recover a refund from Mississippi Power Company. After considering the "Stipulation as to Fact" and the briefs of counsels, the Court finds that the request of the Debtors' Petition is not well taken and should be denied. Thus, Mississippi Power Company is allowed to retain the refund due the Debtors and set that amount off against the debt discharged in this bankruptcy case.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 8301401 MC
  3. In Re Redditt (1992)

    This matter is before the Court on the Objection to Plan filed by Point Lumber Company, Inc., and the debtors' response thereto. Memoranda were submitted and arguments presented by counsel. The Court finds that the debtors lack standing to seek avoidance of Point Lumber's statutory lien and the Objection by Point Lumber should be sustained.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 9207065SEG
  4. In Re Waldoff's Inc. (1991)

    Before the Court is the Application by Nachamie, Hendler & Spizz, Co-Counsel to the Debtor and Debtor-in-Possession, for Interim Allowance and Reimbursement of Necessary Expenses. Objections to the application were filed by the United States Trustee and by Orix Credit Alliance, Inc. Having considered the pleadings, the briefs submitted on behalf of all parties, and the applicable law, the Court has determined that said application should be denied for the reasons set forth below.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 9009166 HEG
  5. In Re Busby (2008)

    THIS MATTER came before the Court on the Trustee's Objection to Proof of Claim of Wells Fargo Financial Mississippi, Inc. (Claim No. 2) and the Response to Trustee's Objection to Proof of Claim of Wells Fargo filed by Wells Fargo Financial, Inc.[1] Having considered the pleadings, briefs and Statement of Facts, the Court finds that the objection should be sustained.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: 0702717EE
  6. In Re Hamblin (2002)

    This matter is before the Court on the Motion for Summary Judgment filed by the Defendant, Educational Credit Management Corporation (ECMC), and the Response thereto filed by the Debtor, Maggie L. Hamblin. The Court, having considered the Motion and Response, along with the exhibits and briefs filed by the parties, concludes for the reasons that follow that the Motion for Summary Judgment is well taken and should be granted.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 00-01332JEE, Adversary No. 01-0088JEE
  7. In Re Thu Viet Dinh (1987)

    On consideration of the motions for summary judgment filed by both the plaintiff, Patricia S. Fox, and the defendants, Charles Thomas Anderson and Western Surety Company, the Court hereby finds, orders and adjudicates as follows, to-wit:


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 8408155SC, Adv. No. 870802SC
  8. In Re Premier Entertainment Biloxi LLC (2010)

    MEMORANDUM OPINION ON COMPLAINT FOR DECLARATORY JUDGMENT WITH RESPECT TO DISPUTED LIQUIDATED DAMAGES CLAIMS AND RELATED OBJECTIONS TO PROOFS OF CLAIM NOS. 101, 102, 103, 104, 108 AND 115 FILED BY U.S. BANK NATIONAL ASSOCIATION PURSUANT TO BANKRUPTCY RULE 3007 AND COUNTERCLAIMS


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 06-50975-NPO. Adversary No. 07-05043-NPO
  9. In Re Amerson (1992)

    There came before the Court for consideration the objection to confirmation of plan and the motion to terminate stay filed on behalf of C & F Financial Services of Hattiesburg, Inc. Having reviewed the pleadings and the legal briefs submitted on behalf of the parties, the Court is of the opinion that the objection to confirmation should be sustained and the motion to terminate stay should be granted.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 9109284 HEG
  10. Matter of Ladner (1985)

    On April 16, 17 and 18, 1985, the Court heard the following issues and matters: I. Attorneys fees for Agrow Credit Corporation ("Agrow") and First Mississippi National Bank ("FMNB"); II. The enforceability of the dragnet clauses of FMNB; III. Confirmation of debtors, creditors and unsecured creditors committee plans of reorganizations; and IV. Debtor's motion for authority to sell property in both the Ladner Farms Chapter 11 proceeding and in the Robinwood Forest, Inc. Chapter 11 proceeding.

    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 8408188SC
  11. In Re Mercer (1998)

    Before the court for consideration is the complaint to determine dischargeability of debt filed by AT & T Universal Card Services seeking exception from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) an indebtedness owed by the debtor, Constance P. Mercer, for credit card charges. Having considered the pleadings, the memoranda submitted on behalf of the parties and the evidence presented at trial, the court concludes that the relief sought should be denied and the debt should not be [...]

    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 9608310SEG, Adversary No. 960950SEG
  12. In Re Biloxi Casino Belle Inc. (1995)

    On November 2, 1994, the plaintiff, Charles N. White Construction Company ("White Construction"), filed a Motion for Summary Judgment on its Complaint for Declaratory Judgment against the defendants listed herein. White Construction seeks a declaration in its favor that (1) the Biloxi Belle II Casino and the Southern Belle Casino do not constitute "vessels" for purposes of federal admiralty and maritime matters and the Ship Mortgage Act, 46 U.S.C. § 30101 et seq. and (2) First Trust National [...]

    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 94-0853SEG. Adv. No. 940944SEG
  13. In Re Condere Corp. (1998)

    This matter came before the Court on the Amended Motion for an Order Pursuant to 11 U.S.C. § 363 to Sell All Assets of the Debtor filed by Condere Corporation (the Debtor) and the objections thereto filed by the United Steelworkers of America, AFL — CIO — CLC, on behalf of itself and Local 303L (collectively, the Union), and Pensler Capital Corporation (Pensler), respectively.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 9702549 WEE
  14. In Re Wilson (1994)

    This matter came before the Court on the Debtor's Objection to Secured Claim(s) and Petition Other Relief (sic) and Volkawagen Credit, Inc.'s Response to Debtor's Objection to Secured Claim(s) and Other Relief. After considering the pleadings, the stipulation and the briefs filed by each party, the Court finds that the Debtor's objection is well taken and should be sustained.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 9303518JEE
  15. In Re Coleman (2009)

    There came on for consideration the United States' Motion for Summary Judgment (the "Motion") (Dkt. No. 268), the Statement of Undisputed Material Facts (the "IRS Statement") (Dkt. No. 268), the Memorandum (the "IRS Memorandum") (Dkt. No. 269), and the Reply (the "Reply") (Dkt. No. 281) filed by the United States of America, Internal Revenue Service (the "IRS"), and the Debtor's Answer and Response to United States' Motion for Summary Judgment (the "Response") (Dkt. No. 277), the Debtor's [...]

    Court: Bankruptcy Court for the Southern District of Mississippi Docket: 07-00515-NPO
  16. Matters of Treasure Bay Corp. (1997)

    (1) the confirmation of the amended joint plan of reorganization filed on February 6, 1997 by Treasure Bay Corporation ("TBC") and Treasure Bay Gaming & Resorts, Inc. ("TBGR") (jointly referred to as the debtors) and First Trust National Association ("First Trust") as indenture trustee (P1 1299); and

    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy Nos. 9409048, 9507050
  17. Matter of Murphy (1997)

    This matter comes before the Court on the motion of third party defendant, Carr, Korein, Tillery, Kunin, Montroy, Cates and Glass ("the Carr, Korein firm") to dismiss third party complaint of First National Bank of Sparta ("the Bank") for lack of subject matter jurisdiction. (Pl.233). The court finds that there is bankruptcy jurisdiction and therefore, denies the motion to dismiss for the following reasons.


    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 91-10280SEG, Adversary No. 93-1033SEG
  18. In Re O'Quinn (1992)

    This matter is before the Court on the Plaintiffs' Motion To Turn Over Exempt Property, and the parties having submitted memorandum briefs in support of their respective positions, and having requested that the Court render a decision in this matter based on the briefs and stipulation filed with the Court, and the Court being otherwise fully advised in the premises does hereby find that the Plaintiffs' motion is not well taken and should be denied. In so ruling, the Court makes the following [...]

    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 9000089, Adv. No. 9100282
  19. In Re Booth (1989)

    The plaintiff, Roy Anderson, Jr., filed an adversary complaint seeking damages and judgment against Donald and Carolyn Booth, the debtors herein, on July 27, 1988. The statutory deadline for filing this complaint was July 8, 1986. Before the Court for consideration now is the debtors' motion to dismiss this adversary complaint on the basis that it was not timely filed and thus is jurisdictionally barred. After consideration of the pleadings, memorandum submitted by counsel, and case law, the [...]

    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 8607339SEG, Adv. No. 880990SC
  20. In Re Applewhite (1989)

    This matter is before the Court on the Motion to Lift Automatic Stay filed by Mid-State Trust II. The issue to be decided is whether Section 544(a)(3) of the Bankruptcy Code enables the debtor to avoid a pre-petition foreclosure sale of her property because the Substituted Trustee's Deed had not been recorded prior to the debtor's filing her Chapter 13 petition. Another issue raised by the debtor is whether proper notice of the foreclosure was given by Mid State-Trust II. Having considered [...]

    Court: Bankruptcy Court for the Southern District of Mississippi Docket: Bankruptcy No. 8908359HEG

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