Feb
24
2023
Piercy, In re--Long v. Piercy
Ruling:
Nondischargeability complaint was subject to dismissal as debtors did not possess the requisite wrongful intent for either embezzlement or fiduciary defalcation. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on February 24,2023, LexisNexis #0423-060
Feb
23
2023
Cruz, In re--Allied Ventures, LLC v. Cruz
Ruling:
Cause did not exist to grant relief from an automatic stay as debtor had an equitable interest in the property under an installment land contract and proposed to repay the remaining balance either as a secured obligation or as an assumption and cure. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on February 23,2023, LexisNexis #0423-054
Dec
22
2022
White, In re
Ruling:
Debtor's motion to modify the automatic stay denied as there was no evidence that the actionwas ready for trial or how granting it would benefit judicial economy. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on December 22,2022, LexisNexis #0223-076
Nov
23
2022
Buhler, In re--Buhler v. Davis
Ruling:
Debtor could not assume installment land contract as it was no longer executory after debtorfailed to make the balloon payment on the maturity date. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on November 23,2022, LexisNexis #0123-081
Oct
26
2022
Butcher Shop of Cordova, LLC, In re--Day v. Agricenter Int'l, Inc.
Ruling:
Bankruptcy court lacked subject-matter jurisdiction over plaintiffs' complaint as it containedno cause of action that arose under Title 11 and none of the parties to the complaint was adebtor in bankruptcy. (Bankr. W.D. Tenn.)
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Commercial case opionion summary, case decided on October 26,2022, LexisNexis #0123-025
Sep
30
2022
Williams, In re
Ruling:
Creditor sanctioned for violation of the automatic stay as it had been on notice of thebankruptcy filing through multiple communications from both the debtor and her counsel.(Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 30,2022, LexisNexis #1222-057
Oct
07
2022
Project Restore, LLC, In re
Ruling:
Denial of the debtor's motion to dismiss or for abstention based on the arbitration agreementswas appropriate as the debtor's position of requiring arbitration would have thwarted therights of the creditors. (Bankr. M.D. Tenn.)
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Commercial case opionion summary, case decided on October 07,2022, LexisNexis #1222-051
Sep
30
2022
River City Resort, Inc., In re
Ruling:
Fees and expenses requested by trustee's counsel were approved as they were in large part,reasonable and met the requirements of § 330(a)(3) and (a)(4). (Bankr. E.D. Tenn.)
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Commercial case opionion summary, case decided on September 30,2022, LexisNexis #1222-030
Sep
26
2022
Santos, In re--Rannick v. Santos
Ruling:
Debt was nondischargeable as the debtor admitted that the domestic support orderdefinitively satisfied the relevant Bankruptcy Code requirements. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on September 26,2022, LexisNexis #1222-012
Aug
18
2022
Cunningham, In re--Newton v. Cunningham
Ruling:
Debtor's discharge revoked as he knowingly and fraudulently failed to disclose the sale ofproperty and a bank account and made intentional and fraudulent misstatements concerningthe amount of proceeds received from the sale. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 18,2022, LexisNexis #1022-035
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