Apr
03
2020
Nikirk, In re--Kapitus Servicing, Inc. v. Nikirk
Ruling:
Debt was nondischargeable as debtor acted fraudulently to induce plaintiff to remain at thepain management and chiropractic clinic with no intent to follow through with thatagreement. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 03,2020, LexisNexis #0520-086
Jul
24
2019
Hanson, In re
Ruling:
Debtor's were entitled to transfer their case back to the original bankruptcy court as it was inthe best interest of justice for the original bankruptcy court to interpret its own confirmationorder. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on July 24,2019, LexisNexis #0919-046
May
17
2019
River City Resort, In re
Ruling:
Court denied creditor's request for permissive abstention as interpretation and enforcement ofa bankruptcy court order entered in a core proceeding was a core proceeding. (Bankr. E.D.Tenn.)
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Commercial case opionion summary, case decided on May 17,2019, LexisNexis #0819-050
Sep
26
2018
Hanson, In re
Ruling:
Debtors' motion for modification of their confirmed chapter 11 plan denied where proposed modification was improper because it altered the value provided for secured creditors under the confirmed plan. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-054
Aug
27
2018
Carter, In re--Church of God v. Carter
Ruling:
Criminal restitution was nondischargeable. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 27,2018, LexisNexis #1018-045
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
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