Layman, In re
Dec
11
2019
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.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
:
- 11 U.S.C.
Houghton, In re--Knoxville TVA Emples. Credit Union v. Houghton
Dec
13
2017
Ruling
Debt deemed nondischargeable for debtor's misrepresentations in obtaining the loan. (Bankr.E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Dearmond, In re--Russell v. Harper
Sep
21
2017
Ruling
Trustee was entitled to monetary judgment from transferee as the transferee was also held liable for debtor's fraudulent transfers. (Bankr. E.D. Tenn.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Initial Transferee.
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Court
:
- 11 U.S.C.
Mission Compound LLC v. Keisler (In re Keisler)
Apr
15
2015
Ruling
Creditors were collaterally estopped from claiming that debt was nondischargeable based on debtor's misrepresentations.
Issue(s)
Were loans dischargeable due to debtor's alleged misrepresentations regarding stock ownership?
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Court
:
- 11 U.S.C.
In re Reeves
Nov
26
2014
Ruling
State law exemptions allowed where trustee did not file timely objection.
Issue(s)
Whether the bankruptcy court's prior order approving a personal injury settlement and authorizing certain disbursements from that settlement, including $15,000 to the debtors in payment of their personal bodily injury exemption under state law, precluded the debtors under the principles of res judicata and collateral estoppel from claiming additional exemptions?
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Court
:
- 11 U.S.C.
RDLG LLC v. Leonard (In re Leonard)
Mar
14
2014
Ruling
Default judgment for fraud entered as sanction in case in which debtor fully participated was nondischargeable.
Issue(s)
Did default judgment entered in a pending federal district court action against debtor collaterally estops the debtor from relitigating the fraud issues in a nondischargeability proceeding?
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Court
:
- 11 U.S.C.
Whitaker v. Bank of Am. (In re Whitaker)
Jun
07
2013
Ruling
Adversary proceeding for violation of discharge injunction dismissed as it should have been brought as a motion for contempt.
Procedural posture
In an adversary proceeding, plaintiff debtors sought an award of compensatory and punitive damages from defendant creditor, a bank, for alleged contempt of the discharge injunction imposed by 11 U.S.C.S. § 524(a)(2). The bank moved for dismissal, contending, in part, that any remedy for a violation of the discharge injunction must be pursued through a motion for contempt rather than an adversary proceeding.
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Court
:
- 11 U.S.C.
Dean v. Hunter (In re Hunter)
Sep
21
2012
Ruling
State court judgment was nondischargeable to the extent based on conversion.
Procedural posture
In this adversary proceeding, plaintiffs sought a determination that the state court default judgment they held against defendant debtor in the amount of $147,000 for compensatory damages and $100,000 in punitive damages was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). Plaintiffs filed a motion for partial summary judgment.
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Court
:
- FRBP
Ferry Rd. Props. v. RL BB ACQ II-TN LLC (In re Ferry Rd. Props.)
Sep
07
2012
Ruling
Tort judgment for injury to real property in favor of debtor was proceeds of property and subject to mortgagee's lien claim.
Procedural posture
Plaintiff, chapter 11 debtor, brought an adversary complaint objecting to the claim of defendant secured creditor, seeking a determination of the validity, priority, and extent of the creditor's lien rights. The creditor had foreclosed on debtor's commercial real property, and sought the proceeds of debtor's state court tort action for damages to the real property and loss of business income. The parties cross-moved for summary judgment.
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Court
:
Appalachian Oil Co. v. Kentucky Lottery Corp. (In re Appalachian Oil Co.)
Mar
23
2012
Ruling
Payments made to lottery agency from sales proceeds held in trust for the agency were not avoidable.
Procedural posture
Plaintiff oil company ("debtor") declared chapter 11 bankruptcy and operated its business as a debtor in possession. The debtor filed an adversary proceeding against defendant Kentucky Lottery Corporation ("KLC"), seeking a determination that it was entitled to recover payments it made to the KLC under 11 U.S.C. §§ 547(b) and 550(a). The parties filed cross-motions for summary judgment.
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Court
: