Judge Parsons

Houghton, In re--Knoxville TVA Emples. Credit Union v. Houghton

Ruling: 
Debt deemed nondischargeable for debtor's misrepresentations in obtaining the loan. (Bankr.E.D. Tenn.)
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Consumer case opionion summary, case decided on December 13,2017, LexisNexis #0118-072

Dearmond, In re--Russell v. Harper

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.)
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Consumer case opionion summary, case decided on September 21,2017, LexisNexis #1017-108

Mission Compound LLC v. Keisler (In re Keisler)

Ruling: 
Creditors were collaterally estopped from claiming that debt was nondischargeable based on debtor's misrepresentations.
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Consumer case opionion summary, case decided on April 15,2015, LexisNexis #0515-045

RDLG LLC v. Leonard (In re Leonard)

Ruling: 
Default judgment for fraud entered as sanction in case in which debtor fully participated was nondischargeable.
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Consumer case opionion summary, case decided on March 14,2014, LexisNexis #0414-047

Whitaker v. Bank of Am. (In re Whitaker)

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.
Ruling: 
Adversary proceeding for violation of discharge injunction dismissed as it should have been brought as a motion for contempt.
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Consumer case opionion summary, case decided on June 07,2013, LexisNexis #0713-090

Dean v. Hunter (In re Hunter)

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.
Ruling: 
State court judgment was nondischargeable to the extent based on conversion.
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Consumer case opionion summary, case decided on September 21,2012, LexisNexis #1012-128

Ferry Rd. Props. v. RL BB ACQ II-TN LLC (In re Ferry Rd. Props.)

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.
Ruling: 
Tort judgment for injury to real property in favor of debtor was proceeds of property and subject to mortgagee's lien claim.
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Commercial case opionion summary, case decided on September 07,2012, LexisNexis #1012-069

Appalachian Oil Co. v. Kentucky Lottery Corp. (In re Appalachian Oil Co.)

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.
Ruling: 
Payments made to lottery agency from sales proceeds held in trust for the agency were not avoidable.
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Commercial case opionion summary, case decided on March 23,2012, LexisNexis #0512-088

Conley v. Smith (In re Smith)

Defendant debtor appealed from an order of the bankruptcy court for the Northern District of Ohio that granted summary judgment to plaintiff creditor, an attorney who had represented the debtor in a prior criminal proceeding, in a nondischargeability action under 11 U.S.C.S. § 523(a)(2)(A). The debtor challenged the holding that he was collaterally estopped from relitigating the issue of fraud.
Ruling: 
State court fraud determination was binding on bankruptcy court in nondischargeability proceeding.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-010

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