MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Debtor Russell Wayne Babin has moved to avoid judgments in favor of Hancock/Whitney Bank 1 and Capital One Bank 2 and for an expedited hearing on those motions. Babin is not entitled to relief from this court on the two principal motions, which will be denied without prejudice. The motion for expedited hearing also will be denied as moot. Babin's motions as well as schedule A filed in his case indicated that he owned no immovable...
MEMORANDUM OPINION DOUGLAS D. DODD , UNITED STATES BANKRUPTCY JUDGE . Defendant Trinity Industries, Inc. ("Trinity") is a successor to Gretna Machine & Iron Works ("Gretna"). Plaintiff Forrest Lewis, Jr. alleges that during his employment at Gretna between 1975 and 1976 he was exposed to asbestos, which led to his developing mesothelioma. Gretna and thirty-three related debtors filed chapter 11 petitions in the Southern District of Mississippi (collectively, the "FGH reorganization") 1 in...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Tower Credit claimed that Gwendolyn Hickerson's debt to it is nondischargeable under 11 U.S.C. 523(a)(2)(B) because she misled the lender on two loan applications. Ms. Hickerson failed to file Rule 26 disclosures or respond to Tower's Requests for Admission, and so is deemed to have admitted that she intended to deceive Tower in borrowing the money. Faced with that, she gamely contends that the debt still should be dischargeable...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Tower Credit sued debtor Frances Davis to except from discharge the debt Ms. Davis owes under 11 U.S.C. 523(a)(2)(B), which precludes discharge of a debt for money, property, services, or an extension, renewal, or refinancing of credit to the extent obtained by use of a statement in writing about the debtor's financial condition that is materially false. Ms. Davis responded that she did not lie on her credit application and, in the...
MEMORANDUM OPINION DOUGLAS D. DODD , Bankruptcy Judge . Debtors Deloris and Nateshus Jackson sought to buy a replacement vehicle using collision insurance proceeds for prepetition damage to a vehicle subject to the purchase money security interest of Neighbors Federal Credit Union. Neighbors objected to the motion, arguing that the debtors have no interest in the insurance proceeds. For the following reasons, the debtors' motion is denied. FACTS AND PROCEDURAL HISTORY A prepetition...
