Judge Rucker

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.)
ABI Membership is required to access the full summary of Pursley, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 05,2017, LexisNexis #1117-033

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.)
ABI Membership is required to access the full summary of Cawood v. Seterus, Inc. (In re Cawood). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-016

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.)
ABI Membership is required to access the full summary of Vollberg, In re--Weaver v. Vollberg. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 27,2017, LexisNexis #0817-008

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.)
ABI Membership is required to access the full summary of Fryar, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 25,2017, LexisNexis #0517-150

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.)
ABI Membership is required to access the full summary of Crisp, In re--Synovus Bank v. Crisp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 25,2017, LexisNexis #0517-130

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.)
ABI Membership is required to access the full summary of Walker, In re--Paris v. Walker. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 03,2017, LexisNexis #0517-052

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.)
ABI Membership is required to access the full summary of Poole, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-028

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.)
ABI Membership is required to access the full summary of Edwards v. Arledge (In re Arledge). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 18,2016, LexisNexis #1216-076

Smith v. Morse (In re Morse)

Ruling: 
Debt was nondischargeable due to debtor's misrepresentation regarding the proposed use of loan proceeds.
ABI Membership is required to access the full summary of Smith v. Morse (In re Morse). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 24,2016, LexisNexis #0616-047

In re Buttrill

Ruling: 
Right of offset of taxes could not be exercised without relief from the automatic stay.
ABI Membership is required to access the full summary of In re Buttrill. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 31,2016, LexisNexis #0416-111

Pages

Subscribe to Judge Rucker