Mar
02
2018
McGinness, In re
Ruling:
Court overruled lender's objection to confirmation of the debtor's plan as the hanging paragraph did not apply because debtor's vehicle was predominantly used for business functions. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on March 02,2018, LexisNexis #0418-053
Oct
05
2017
Pursley, In re
Ruling:
Court found administrative expense to be reasonable based on the benefit of the proceedingto debtor's hourly rate, the estimate of the time necessary to assist the debtor in completing aplan, and the length of the plan. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on October 05,2017, LexisNexis #1117-033
Sep
29
2017
Cawood v. Seterus, Inc. (In re Cawood)
Ruling:
Court ruled that the discharge injunction violation could be implemented by a different courtfrom the issuing court as the loan had not yet been previously discharged in debtor's priorbankruptcy. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-016
Jun
27
2017
Vollberg, In re--Weaver v. Vollberg
Ruling:
Mere recitation that creditor relied to debtor's financial statement was insufficient to state aclaim. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on June 27,2017, LexisNexis #0817-008
Apr
25
2017
Fryar, In re
Ruling:
Proposed settlement which was a sub rosa plan or a precursor for a conversion or dismissal which ignored the Bankruptcy Code's priority scheme denied. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 25,2017, LexisNexis #0517-150
Apr
25
2017
Crisp, In re--Synovus Bank v. Crisp
Ruling:
Creditor failed to show that debt was nondischargeable as it failed to show that it reasonably relied on the debtor's misrepresentation and that the debtor had an intent to deceive. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 25,2017, LexisNexis #0517-130
Apr
03
2017
Walker, In re--Paris v. Walker
Ruling:
Trustee's motion for summary judgment on his claim for consolidation denied as there were issues of fact concerning the debtors' intent in transferring over a dozen houses to their daughter. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 03,2017, LexisNexis #0517-052
Jan
30
2017
Poole, In re
Ruling:
Creditor's objection to confirmation of the debtors' chapter 13 plan denied because creditorholds multiple claims, two of which are wholly unsecured and therefore subject tomodification. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-028
Nov
18
2016
Edwards v. Arledge (In re Arledge)
Ruling:
Transfers to living trust within four years of petition date could be avoided as fraudulent.(Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on November 18,2016, LexisNexis #1216-076
May
24
2016
Smith v. Morse (In re Morse)
Ruling:
Debt was nondischargeable due to debtor's misrepresentation regarding the proposed use of loan proceeds.
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Consumer case opionion summary, case decided on May 24,2016, LexisNexis #0616-047
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