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District of tennessee

Yager, In re--Kimura v. Yager

Ruling
Collateral estoppel applied to render claims nondischargeable as jury found that defendants made materially false representations intended to deceive the plaintiffs, who justifiably relied
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on September 09, 2024 , LexisNexis #1124-057

Norwood, In re

Ruling
Real estate agent’s fee denied as unreasonable and attorneys’ fees applications and related administrative expense claims held in abeyance pending further proceedings. (Bankr. W.D. Ark.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on September 03, 2024 , LexisNexis #1224-027

Nevels, In re

Ruling
Dismissal of Chapter 13 case would not be in the best interest of all creditors as debtor had a monthly income of $15,422.72 and there were pending objections to her proposed Chapter 13 plan. (Bankr. W.D. Tenn.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on August 28, 2024 , LexisNexis #1124-047

Dorsey, In re

Ruling
Landlord was granted relief from the automatic stay as "cause" existed where the debtor's failed to comply with the terms of the residential lease agreement. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on August 27, 2024 , LexisNexis #1124-027

Fryerson, In re

Ruling
Presumption of abuse rebutted as debtor showed that her income had significantly changed and it was now well below the median for a family of two in her state. (Bankr. W.D. Tenn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on August 21, 2024 , LexisNexis #1124-019

Briars, In re

Ruling
Trustee's motion to dismiss was denied as debtor's reduced income and additional expenses due to her changed financial circumstances constituted special circumstances to rebut the presumption of abuse. (Bankr. W.D. Tenn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on August 21, 2024 , LexisNexis #1124-018

Teal, In re

Ruling
Presumption of prima facie validity of claims was rebutted by debtor's objections, shiftingburden of proof to the creditor at trial. (Bankr. E.D. Tenn.)
Issue(s)
Proof of Claim.

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Consumer opinion summary, case decided on August 06, 2024 , LexisNexis #1024-043

Thompson, In re--Mey v. Thompson

Ruling
Collateral estoppel did not apply to nondischargeability proceeding as the legal standards forprior damages award were different. (Bankr. M.D. Tenn.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on August 02, 2024 , LexisNexis #1024-010

Tait, In re

Ruling
State court did not enter a judgment that would give rise to an avoidable judicial lien on realestate. (Bankr. W.D. Ark.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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opinion summary, case decided on July 23, 2024 , LexisNexis #0924-060

530 Donelson, LLC, In re

Ruling
Where debtor needed to sell property quickly to minimize impact of default interest, it couldproceed more quickly with a sale process in bankruptcy than in state court receivership.(Bankr. M.D. Tenn.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any

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Commercial opinion summary, case decided on May 24, 2024 , LexisNexis #0724-086