Eastern District

Nikirk, In re--Kapitus Servicing, Inc. v. Nikirk

Ruling: 
Debt was nondischargeable as debtor acted fraudulently to induce plaintiff to remain at thepain management and chiropractic clinic with no intent to follow through with thatagreement. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 03,2020, LexisNexis #0520-086

Walker, In re

Ruling: 
Confirmation of Chapter 13 plan filed by frequent debtor denied due to repetition conductincluding concealment and misrepresentation. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 02,2020, LexisNexis #0520-069

Via, In re

Ruling: 
Debtor was barred from filing bankruptcy for five years as he failed to abide by the orders ofthe court and intentionally and willfully failures to appear and prosecute any of his Chapter13 cases. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on February 27,2020, LexisNexis #0420-027

Conley v. Conley

Ruling: 
Defendant's summary judgment motion in nondischargeability proceeding granted wherecreditor could not prove that debtor made any false representations upon which creditorjustifiably relied. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on February 05,2020, LexisNexis #0320-065

Layman, In re

Ruling: 
Motion to dismiss granted where debtors' first Chapter 11 case was still pending and theircurrent case was filed in bad faith. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on December 11,2019, LexisNexis #0120-065

Poole, In re

Ruling: 
Chapter 13 debtors are allowed to modify the terms of notes that are wholly unsecured. (Bankr.E.D. Tenn.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-021

Piercy, In re--Long v. Piercy

Ruling: 
Summary judgment granted for debtors where creditor could not satisfy the fraud elementrequired to maintain any action under 11 U.S.C. § 523(a)(4). (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 20,2019, LexisNexis #1019-060

Hanson, In re

Ruling: 
Debtor's were entitled to transfer their case back to the original bankruptcy court as it was inthe best interest of justice for the original bankruptcy court to interpret its own confirmationorder. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on July 24,2019, LexisNexis #0919-046

River City Resort, In re

Ruling: 
Court denied creditor's request for permissive abstention as interpretation and enforcement ofa bankruptcy court order entered in a core proceeding was a core proceeding. (Bankr. E.D.Tenn.)
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Commercial case opionion summary, case decided on May 17,2019, LexisNexis #0819-050

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

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