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eastern district of tennessee

Norwood, In re

Ruling
Real estate agent’s fee denied as unreasonable and attorneys’ fees applications and related administrative expense claims held in abeyance pending further proceedings. (Bankr. W.D. Ark.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on September 03, 2024 , LexisNexis #1224-027

Teal, In re

Ruling
Presumption of prima facie validity of claims was rebutted by debtor's objections, shiftingburden of proof to the creditor at trial. (Bankr. E.D. Tenn.)
Issue(s)
Proof of Claim.

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Consumer opinion summary, case decided on August 06, 2024 , LexisNexis #1024-043

Tait, In re

Ruling
State court did not enter a judgment that would give rise to an avoidable judicial lien on realestate. (Bankr. W.D. Ark.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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opinion summary, case decided on July 23, 2024 , LexisNexis #0924-060

Kelley, In re--Farinash v. Kelley

Ruling
Transfer of real property was avoidable as nothing in the record explained why the debtorschose to transfer the real property to a trust for the benefit of their children rather than dividethe real property among themselves. (Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of

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Consumer opinion summary, case decided on January 25, 2024 , LexisNexis #0324-066

Teal Props., In re

Ruling
Relief from the automatic stay to permit the filing of suit in state court was denied asterminating the stay would be contrary to its central purpose. (Bankr. E.D. Tenn.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on September 20, 2023 , LexisNexis #1123-079

Bunch, In re--Milligan v. Parton

Ruling
Trustee was entitled to avoid any right that the defendant might have had in property byvirtue of any executed, but unrecorded, deed of trust and recover the property for the estate.(Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Consumer opinion summary, case decided on September 08, 2023 , LexisNexis #1123-041

Mayer, In re--Upper Cumberland Islamic Soc’y v. Mayer

Ruling
Debtor was denied a discharge as he did not maintain adequate material records and debtor's testimony concerning his records and bank accounts was inconsistent and not credible. (Bankr. E.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Consumer opinion summary, case decided on March 30, 2023 , LexisNexis #0623-015

Judzewitsch, In re--Bailey v. Judzewitsch

Ruling
Indemnification obligation owed to debtor's former spouse was nondischargeable as a new debt incurred as part of the divorce decree. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.

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Consumer opinion summary, case decided on March 29, 2023 , LexisNexis #0523-063

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on February 24, 2023 , LexisNexis #0423-060

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.)
Issue(s)
Compensation of Officers; Determination of Amount; Factors to Be Considered.

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Commercial opinion summary, case decided on September 30, 2022 , LexisNexis #1222-030