Tennessee

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

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

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

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

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

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

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

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

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

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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