Apr
16
2021
Berry, In re
Ruling:
Creditor was entitled to an extension of time to file a notice of appeal of punitive damagesorder in favor of debtor pursuant to timely filed motion. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on April 16,2021, LexisNexis #0621-024
Apr
05
2021
Sexton, In re--Mostoller v. Sexton
Ruling:
Pre-petition transfer from the debtor was not avoided as he received reasonably equivalentvalue. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 05,2021, LexisNexis #0521-091
Mar
08
2021
Berry, In re--Berry v. Specialized Loan Servicing, LLC
Ruling:
Relief for alleged violations of discharge injunction denied. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on March 08,2021, LexisNexis #0421-087
Mar
08
2021
Berry, In re--Berry v. Wells Fargo Home Mortg.
Ruling:
Debtor was not entitled to relief for violation of the discharge injunction by the initial loanservicer as the communications did not demand payment or otherwise attempt to collect thedischarged debt secured by the real property. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on March 08,2021, LexisNexis #0421-088
Mar
04
2021
ESA Graceland, LLC, In re
Ruling:
Debtor's law firm entitled to compensation and reimbursement of fees because the law firmheld a valid, enforceable security interest in a pre-petition retainer. (Bankr. W.D. Tenn.)
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Commercial case opionion summary, case decided on March 04,2021, LexisNexis #0421-052
Feb
19
2021
Chattanooga Mercantile, LLC, In re
Ruling:
Lease to which debtor was not a party could not be assumed by the debtor. (Bankr. E.D.Tenn.)
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Commercial case opionion summary, case decided on February 19,2021, LexisNexis #0321-079
Feb
11
2021
Salas, In re
Ruling:
Plaintiffs had derivative standing to initiate actions to avoid the conveyance of property as thecomplaint presented colorable causes of action and the trustee had taken no action despitedemand. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on February 11,2021, LexisNexis #0321-064
Dec
01
2020
Rayford, In re
Ruling:
Debtor owed no pre-petition or post-petition arrears to the mortgage lender as they were paidpursuant to the Second Amended Proof of Claim and the confirmed Chapter 13 plan. (Bankr.W.D. Tenn.)
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Consumer case opionion summary, case decided on December 01,2020, LexisNexis #0221-098
Nov
30
2020
Nelson v. Cadles of West Virginia, LLC, In re
Ruling:
Plaintiff is not a "party in interest" and he lacks standing to bring this action seekingdeclaratory relief regarding the validity and enforceability of defendant's claim against thecorporate debtor. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on November 30,2020, LexisNexis #0221-081
Nov
04
2020
Taylor, In re--Taylor v. LoanCare, LLC
Ruling:
Chapter 13 debtor was not entitled to later invoke 11 U.S.C. § 506 to void creditor's lien ondebtor's residence where debtor filed a proof of claim on behalf of the secured mortgagecreditor then failed to defend it. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on November 04,2020, LexisNexis #1220-059
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