Opening a Administration Estate
In order to initiate an administration for a decedent who died without a will, a petition must be filed in the county in which the decedent resided. The decedent’s heirs are given priority to serve as administrators or administratrix of the estate for thirty days. After 30 days, the appointment of an administrator or administratrix is within the discretion of...[ read more ]
Waiving Bond in an Administration Estate
Letters of administration are granted when an individual who petitions to be appointed as the administrator or administratrix meets three requirements. First, the prospective administrator or administratrix must be at least eighteen years of age. Second, the prospective administrator or administratrix must not have been convicted of a felony. Third, the prospective administrator or administratrix must be of sound mind....[ read more ]
Jurisdiction of Bankruptcy Court
Pursuant to 28 U.S.C. '1334(a), the United States District Court has original and exclusive jurisdiction over all bankruptcy cases, and pursuant to '1334(b), the District Court has original but not exclusive jurisdiction of all civil proceedings arising under the Bankruptcy Code (11 U.S.C. '101 et. seq.), or arising in or related to cases under the Bankruptcy Code.
Criminal Proceedings not subject to Bankruptcy Automatic Stay
Courts generally find that the automatic stay does not halt criminal contempt proceedings to punish the debtor for contumacious conduct; orders to pay criminal restitution to the victim of a crime; or issuance of summonses, determination of guilt and imposition of fines in connection with traffic citations. If, however, they are merely disguised debt collection actions, a few courts find...[ read more ]
11 U.S.C. 362 “The Automatic Stay” in Bankruptcy
The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition. The stay automatically goes into effect when the bankruptcy petition is filed and provides a breathing spell...[ read more ]
Guardian ad Litem
Miss. Code Ann. § 43-21-121(4) states: “The court may appoint either a suitable attorney or a suitable layman as guardian ad litem. In cases where the court appoints a layman as guardian ad litem, the court shall also appoint an attorney to represent the child. From and after January 1, 1999, in order to be eligible for appointment as guardian...[ read more ]
Armed Robbery
Mississippi Code Annotated MS Code § 97-3-79 (2013) Every person who shall feloniously take or attempt to take from the person or from the presence the personal property of another and against his will by violence to his person or by putting such person in fear of immediate injury to his person by the exhibition of a deadly weapon shall be...[ read more ]
Trespassing
A person can be charged with trespassing in Mississippi when he “willfully or maliciously” trespasses upon the property of another person. Trespassing is a misdemeanor, and carries a potential sentence of up to six (6) months in jail and a $500.00 fine. Mississippi law further makes trespassing upon “enclosed land” a crime. To be charged with trespassing in Mississippi under the...[ read more ]
Possession of Stolen Property
A person is guilty of possession of stolen property or receiving stolen property under Mississippi law if he intentionally possesses, receives, retains or disposes of stolen property. Mississippi law requires that a person charged with receiving or possession of stolen property either (1) know that the property is stolen, or (2) have reasonable grounds to believe that the property is...[ read more ]
Felony Child Neglect in Mississippi
Felony Child Neglect under Miss. Code Ann. § 97-5-39 Child neglect is when a parent or other person responsible for a child’s care and support neglects or refuses to care for the child's health, morals or well-being, when able to do so, such as failing to provide food, proper education, and medical or surgical care (unless religious beliefs prevent certain forms of medical care)....[ read more ]
