Attorney Robert W Gambrell's Legal Cases

Chapter 13 bankruptcy

In re Irby, Case No. 14-11973-JDW, Bankr.N.D.Miss 2015

Apr 03, 2015

OUTCOME: Debtor prevailed. The court ruled that the MDES secured claim is not a tax claim and as a result, the interest rate can be modified to the Till Rate.

The Mississippi Department of Employment Security (MDES) filed a secured proof of claim based upon a state lien which properly perfected under state law to recover an overpayment of unemployment benefi ... ts. The interest rate requested on the claim was 12.0%, which is the statutory rate. Debtor objected to the secured claim asserting that the Debtor can modify the interest rate to the Till Rate as the MDES claim is not a tax claim which would allow a state taxing authority to be paid the statutory rate under 11 U.S.C. § 511.

Chapter 13 bankruptcy

In re Stringer, 508 B.R. 668 (Bankr. N.D. Miss. 2014)

Mar 20, 2014

OUTCOME: Debtor prevailed. The court ruled that the interest rate of 27% could be modified reduing the rate to a Till rate.

Debtor through another attorney sought a determination that Debtor could modify the interest rate being paid to an over secured creditor, reducing the rate to the TIll Rate. Creditor asserted that it ... was entitled to the contract rate which was substantially higher. An Amicus Curiae Brief was filed in behalf of the creditor's position by the Mississippi Consumer Finance Corporation, and an Amicus Curiae Brief was filed in support of the Debtor's position was filed by Robert Gambrell.

Chapter 11 bankruptcy

In re Haydel Properites, Ltd, Case No: 12-50048 (Bankr.S.D.Miss 2012)

Sep 28, 2012

OUTCOME: Debtor prevailed. The court ruled that the claim of BSB was a proper claim in the case that can be modified , denying the motion to lift and granting the motion to authorize use of cash collateral.

Debtor filed a motion to use cash collateral of BancorpSouth Bank (BSB). BSB objected on the grounds that the Debtor was not the borrower on loans in favor of said bank and that the loans could not be ... modified because each deed of trust contained a due on sale clause. BSB also filed a motion to lift the automatic stay on the same grounds The loans were originally made by one of the partners in the Debtor, but the real property that was used as collateral was quitclaimed to the Debtor approximately 5 years prior to the filing of the Chapter 11 proceeding. Debtor's position was that a claim in the chapter 11 case includes a claim against property owned by the Debtor and the due on sale clause does not preclude the modification of the terms of the loan since federal law trumps state law.

Bankruptcy and debt

In re Whitley, 2011 WL 674786 (Bankr. N.D. Miss. 2011)

Feb 16, 2011

OUTCOME: Motion was denied by bankruptcy court and the matter was utilmately settled.

Sallie Mae filed motion for summary judgment asking for a judgment determining that the debt is non-dischargeable. Debtor, through counsel, briefed the issue and provided affidavits establishing that ... the motion should not be granted.

Real estate

In re Rhymes, 2008 WL 723975 (Bankr. S.D. Miss. 2008)

Mar 14, 2008

OUTCOME: Debtor received partial relief, the claim of creditor for more than $60,000.00 was reduced to $12,369.79 and that portion remained a lien on the debtor's homestead.

Debtor filed complaint to set aside deed of trust as a result of the failure to obtain the signature of husband and wife on the deed of trust.

Chapter 13 bankruptcy

In re Dalton, 2007 WL 4554024 (Bankr. S.D. Miss. 2007)

Dec 19, 2007

OUTCOME: Debtor prevailed. The court ruled that by using means test expenses, the Debtor's plan proposing to pay 0.00% to unsecured creditors was confirmed.

Debtor proposed a chapter 13 plan that used means test expenses to determine the amount of disposable income available for unsecured claims. The chapter 13 trustee objected suggesting that the schedul ... e I & J should be used to determine disposable income.

Chapter 13 bankruptcy

Matter of Hailes, 77 F.3d 873 (5th Cir. 1996)

Mar 18, 1996

OUTCOME: Case won for debtor before Bankruptcy Court and was affirmed by District Court and by FIfth Circuit Court of Appeals

Issue was whether aggregate total of creditor's multiple garnishments of multiple paychecks could be used to establish the the amount exceeded the limitations to recovery of prepetition transfers as a ... preference under 11 U.S.C. § 547.

Chapter 13 bankruptcy

In re Schultz, 153 B.R. 170 (Bankr. S.D. Miss. 1993)

Apr 15, 1993

OUTCOME: Debtor prevailed. The court ruled that the secured claim had been paid in full and that release of the lien was required.

Debtor proposed a chapter 13 plan which provided for payment of the value plus interest on the secured claim. The claim filed by creditor set the claim amount and the value to be paid in the exact amo ... unt as shown on the plan. After completion of the plan and receipt of a discharge, creditor refused to release its lien asserting that the debtor had not objected to the claim and the claim had not been paid in full. Debtor reopened the case and filed an action requesting that the Court require the release of the lien.

Robert W Gambrell's Legal Cases (8)

In re Irby, Case No. 14-11973-JDW, Bankr.N.D.Miss 2015

In re Stringer, 508 B.R. 668 (Bankr. N.D. Miss. 2014)

In re Haydel Properites, Ltd, Case No: 12-50048 (Bankr.S.D.Miss 2012)

In re Whitley, 2011 WL 674786 (Bankr. N.D. Miss. 2011)

In re Rhymes, 2008 WL 723975 (Bankr. S.D. Miss. 2008)

In re Dalton, 2007 WL 4554024 (Bankr. S.D. Miss. 2007)

Matter of Hailes, 77 F.3d 873 (5th Cir. 1996)

In re Schultz, 153 B.R. 170 (Bankr. S.D. Miss. 1993)