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In re McKenzie

Ruling
Bankruptcy court properly dismissed law firm's claims against trustee and trustee's counsel.
Procedural posture

Appellant law firm filed complaints against appellees, including a bankruptcy trustee and the trustee's attorneys, in the United States Bankruptcy Court for the Eastern District of Tennessee, alleging malicious prosecution and abuse of process. The bankruptcy court dismissed the complaints and denied the law firm's motion for leave to file a state court suit against the trustee and appellee debtor. The law firm appealed.

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Consumer opinion summary, case decided on June 26, 2012 , LexisNexis #0712-089

Dwight v. TitleMax of Tenn. Inc.

Ruling
State class action removed and transferred to district court where defendant's bankruptcy was pending.
Procedural posture

Plaintiffs, borrowers, initiated a state action against defendant corporation and sought damages under Tenn. Code Ann. § 45-15-111, § 45-2-210, and § 47-18-101 et seq. The borrowers were granted class action certification. The corporation filed a notice of filing of bankruptcy in the state action and a notice of removal under 28 U.S.C.S. §§ 1334, 1446, 1452, and 157(e). The corporation sought to transfer the matter. The borrowers moved to remand.

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Commercial opinion summary, case decided on January 21, 2010 , LexisNexis #0210-132

In re Cowan

Ruling
Attorney suspended for six months due to failure to correct misstatements in disclosures and delays in filing debtors' petitions.
Procedural posture

Attorney challenged a determination by the bankruptcy court that determined that the attorney should be suspended from the practice of law in the Eastern District of Tennessee for six months based on his violation of Fed. R. Bankr. P. 2016(b) and his delay in filing bankruptcy petitions for his clients in a timely manner.

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Consumer opinion summary, case decided on March 17, 2009 , LexisNexis #0509-135