Feb
08
2022
Getwell Pharm. of Tenn., Inc., In re
Ruling:
Debtor was entitled to confirmation of its amended Subchapter V plan of reorganization asit complied with the applicable provisions of § 1129 where it filed the plan in good faith.(Bankr. W.D. Tenn.)
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Commercial case opionion summary, case decided on February 08,2022, LexisNexis #0422-021
Jan
26
2022
Fry, In re--Randolph v. Fry
Ruling:
Denial of discharge denied where trustee failed to show that debtor's records were inadequateto establish his financial condition or business transactions at the time of the bankruptcypetition. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 26,2022, LexisNexis #0322-069
Mar
02
2020
Yeary, In re
Ruling:
Grant funds debtor received from SBA's Economic Injury Disaster Loan program wereproperty of the estate as debtor's entitlement to the funds existed pre-petition. (Bankr. E.D.Tenn.)
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Consumer case opionion summary, case decided on March 02,2020, LexisNexis #0222-087
Nov
12
2021
K3D Prop. Servs., LLC, In re
Ruling:
Proposed plan could not be confirmed as the debtor could not show that it met all the DowCorning factors including that it did not provide a mechanism to pay all of the class ofunsecured creditors. (Bankr. E.D. Tenn.)
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Commercial case opionion summary, case decided on November 12,2021, LexisNexis #0122-049
Nov
19
2021
Smith, In re
Ruling:
The commencement and continuation of state court action seeking to recover damagestraceable to debtor's breach of marital dissolution agreement violated the automatic stay as itwas an act to collect a pre-petition claim. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on November 19,2021, LexisNexis #0122-031
Oct
29
2021
Neopharma, Inc., In re
Ruling:
Law firm fees allowed as limited representation of an individual in forming a corporation didnot affect its disinterested status. (Bankr. E.D. Tenn.)
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Commercial case opionion summary, case decided on October 29,2021, LexisNexis #1221-078
Sep
30
2021
Pritchard, In re--Jordan v. Pritchard
Ruling:
Creditor sufficiently alleged post-petition transfer of property to a family member as groundsfor denial of discharge. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on September 30,2021, LexisNexis #1121-093
Sep
13
2021
Tennial, In re--Tennial v. Rei Nation, LLC
Ruling:
Complaint in turnover proceeding dismissed as the plaintiff lacks standing and defendantwas the owner of the property in question, which was sold at foreclosure. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 13,2021, LexisNexis #1121-015
Sep
09
2021
Connor, In re--Connor v. Prop. Fund 629, LLC
Ruling:
Lessor’s attorney’s motion to dismiss action for violation of stay denied because he could notshow that the safe harbor for lessors applied. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on September 09,2021, LexisNexis #1021-080
Aug
30
2021
Givens, In re--Fuller v. Givens
Ruling:
Plaintiffs were not entitled to a determination of nondischargeability when they failed to meettheir burden to prove that debtor actually made any misrepresentation and possessed anyfraudulent intent when he stated that he carried insurance. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 30,2021, LexisNexis #1021-059
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