Eastern District

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

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

Rigney, In re

Ruling: 
Creditor was not entitled to a determination that its claim was nondischargeable as debtorrationally believed that any sums owing for medical expenses had been paid by her insurerand there was insufficient proof that she had a culpable state of mind. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 27,2021, LexisNexis #1021-035

In re Newton v. McGhee-Rosenbrugh (In re McGhee)

Ruling: 
Transfers made by debtor to insider while insolvent on account of antecedent debt within theyear before she filed for bankruptcy were avoidable. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-038

K&L Trailer Leasing, Inc. v. Fellhoelter

Ruling: 
Bank continued to hold perfected security interest subsequent to transfer of collateral byChapter 11 trustee. (Bankr. E.D. Tenn.)
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Commercial case opionion summary, case decided on May 19,2021, LexisNexis #0721-040

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

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