Jan
18
2019
Thomas, In re
Ruling:
Appointment of chapter 11 trustee granted as it was in the best interests of the creditors as well as the estate. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 18,2019, LexisNexis #0219-085
Jan
07
2019
Smith, In re
Ruling:
Trustee's objection overruled where Tennessee exemption statutes allow debtors to claim bothpersonal property exemption and bodily injury exemption in a personal injury settlement.(Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-061
Jan
02
2019
Blankenship, In re--Agrifund, LLC v. Balnkenship
Ruling:
Debtors owed LLC a nondischargeable debt as debtors' overstatement of tillable acreage wassubstantially untruthful and materially false. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-010
Oct
18
2018
Thomas, In re
Ruling:
Creditors were entitled to summary judgment where they sufficiently carried the burden ofproving that all the requirements of the Tennessee doctrine of collateral estoppel had beenestablished. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on October 18,2018, LexisNexis #1218-074
Oct
10
2018
Labovitz, In re
Ruling:
Motion for summary judgment denied as complaint alleged that the IRS and an IRS agentviolated the consent order but provided no evidence to support the allegations noted. (Bankr.W.D. Tenn.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1218-060
Sep
26
2018
Hanson, In re
Ruling:
Debtors' motion for modification of their confirmed chapter 11 plan denied where proposed modification was improper because it altered the value provided for secured creditors under the confirmed plan. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-054
Sep
26
2018
Clothier, In re--Clothier v. IRS
Ruling:
Motion to alter judgment was granted as the bankruptcy court failed to consider the "hangingparagraph" in 11 U.S.C. § 507(a)(8) which stated that the period shall be suspended for anytime during which the stay of proceedings was in effect in a prior case under title 11 plus 90days. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-010
Sep
14
2018
Roos, In re
Ruling:
Debtor was entitled to claim an exemption in any amount under Tennessee Code Annotated section 26-2-301 in property that he owns jointly as tenants in common for life with remainder to the survivor in fee. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-098
Aug
27
2018
Carter, In re--Church of God v. Carter
Ruling:
Criminal restitution was nondischargeable. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 27,2018, LexisNexis #1018-045
Aug
10
2018
Clothier, In re--Clothier v. IRS
Ruling:
Debtors' motion for summary judgment was granted where the 2008 tax debt was not a priority claim as debtors' 2008 tax return was last due more than three years before the filing of their chapter 7 case. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-101
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