Bunch, In re--Milligan v. Parton
Sep
08
2023
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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Court
:
- 11 U.S.C.
Mayer, In re--Upper Cumberland Islamic Soc’y v. Mayer
Mar
30
2023
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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Court
:
- 11 U.S.C.
Piercy, In re--Long v. Piercy
Feb
24
2023
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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Court
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Murray Energy Holdings Co., In re
Jun
03
2022
Ruling
Bankruptcy court did not abuse its discretion in denying the motion for reconsideration as thecreditor did nothing more than rehash its prior arguments, this time with the aid of anaffidavit that it could have obtained before the hearing. (B.A.P. 6th Cir.)
Issue(s)
Appeal as of Right—How Taken; Docketing the Appeal.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Harrison, In re--Hadley v. Harrison
Feb
28
2022
Ruling
Debt was nondischargeable where debtor directed his employees to pack and moveeverything that was not attached to the floor or wall and to take everything that was not bolteddown. (B.A.P. 6th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Givens, In re--Fuller v. Givens
Aug
30
2021
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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K&L Trailer Leasing, Inc. v. Fellhoelter
May
19
2021
Ruling
Bank continued to hold perfected security interest subsequent to transfer of collateral byChapter 11 trustee. (Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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Court
:
- 11 U.S.C.
Sexton, In re--Mostoller v. Sexton
Apr
05
2021
Ruling
Pre-petition transfer from the debtor was not avoided as he received reasonably equivalentvalue. (Bankr. E.D. Tenn.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
- 11 U.S.C.
Kinney, In re--Milligan v. Valdes
Oct
01
2020
Ruling
Property became property of the estate subject to the trustee's strong-arm avoidance powers asdefendant's quit claim deed was not recorded as of the petition date. (Bankr. E.D. Tenn.)
Issue(s)
Liability of Transferee of Avoided Transfer.
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Walker, In re
Apr
02
2020
Ruling
Confirmation of Chapter 13 plan filed by frequent debtor denied due to repetition conductincluding concealment and misrepresentation. (Bankr. E.D. Tenn.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Court
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