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Newman, In re

Ruling
Landlord did not possess a valid claim against the co-debtor spouse of a bankruptcy debtoras he had no "right to payment." (Bankr. E.D. Tenn.)
Issue(s)
Definitions; “Claim”.

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Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-061

In re East

Ruling
Motion to compel abandonment of property denied. (Bankr. E.D. Tenn.)
Issue(s)
Abandonment of Property of the Estate.

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Consumer opinion summary, case decided on November 23, 2016 , LexisNexis #1216-078

Davis, In re--Newton v. Metal Craft Fabrication & Sales, LLC

Ruling
Debtor's payment of restitution under a plea agreement was not "new value." (Bankr. E.D.Tenn.)
Issue(s)
Preferences; Exceptions to Avoidance.

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Consumer opinion summary, case decided on September 09, 2016 , LexisNexis #0318-048

In re D&H Mach. Serv.

Ruling
Debtor’s counsel not entitled to fees for undisclosed prepetition services. (Bankr. E.D. Tenn.)
Issue(s)
Should debtor’s counsel be allowed fees for previously undisclosed prepetition services?

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Commercial opinion summary, case decided on September 09, 2016 , LexisNexis #1016-003

In re Stanfill

Ruling
Approval of trustee’s proposed settlement with debtor’s spouse denied.
Issue(s)
Could trustee’s proposed settlement between debtor and spouse be approved as fair and equitable?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-030

In re Kennedy

Ruling
Trustee's objections to debtor's additional and amended exemptions sustained.
Issue(s)
Should trustee's objections to debtor's amended exemptions be sustained?

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Consumer opinion summary, case decided on June 02, 2016 , LexisNexis #0616-108

In re Adams

Ruling
Debtor's individual business account could only be claimed exempt by debtor and not by debtor spouse.
Issue(s)
Could both married debtors claim exemptions in a business account by claiming it had been converted to a marital asset?

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Consumer opinion summary, case decided on April 25, 2016 , LexisNexis #0516-080

In re Tellico Lake Props., LP.

Ruling
Trustee entitled to turnover of antique cars purchased with debtor’s funds. (Bankr. E.D. Tenn.)
Issue(s)
Turnover of Property to the Estate.

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Commercial opinion summary, case decided on March 30, 2016 , LexisNexis #1116-027

Kearns v. Havlovic (In re Havlovic)

Ruling
State court judgment for malicious prosecution, abuse of process, and bad faith assertion of misappropriation of trade secrets was nondischargeable.
Issue(s)
Was state-court judgment based on a jury verdict that debtor engaged in bad faith in pursuing misappropriation of trade secret claims against creditor nondischargeable?

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Consumer opinion summary, case decided on March 11, 2016 , LexisNexis #0416-018

In re Khan

Ruling
Debtor could not reopen case to determine if arbitration award violated the discharge injunction.
Issue(s)
Whether a court should grant debtor's motion to reopen her chapter 7 case under 11 U.S.C.S. § 350(b) so that she could file an adversary proceeding to obtain a determination that an arbitration award violated 11 U.S.C.S. § 524(a)(2).

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Consumer opinion summary, case decided on January 26, 2016 , LexisNexis #0216-112