River City Resort, Inc., In re--Farinash v. Henry
Jul
05
2022
Ruling
There was no clear error in the court's approval of a settlement as the unsecured creditor'sright to pursue his claim was preempted after the avoidance of a creditor's lien. (Bankr. E.D.Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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Court
:
Culberson, In re--Culberson v. Nationstar Mortgage, LLC
Jun
10
2022
Ruling
Debtors' tort misrepresentation claims were not related to cases under Title 11 since a recoverywould not have any effect on the estate, which had been fully administered. (Bankr. E.D. Tenn.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In
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Curtis, In re--Hurst v. Curtis
May
04
2022
Ruling
Agreed order was unambiguous as it was limited to arranging for partial payment ofplaintiffs' claim through defendants' plan but without the discharge of the balance thatnormally would have occurred at the end of the first case. (Bankr. E.D. Tenn.)
Issue(s)
Filing and Allowance of Post-petition Claims; Applicability of Section 502.
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Court
:
- 11 U.S.C.
K3D Prop. Servs., LLC, In re
Nov
12
2021
Ruling
Proposed plan could not be confirmed as the debtor could not show that it met all the DowCorning factors including that it did not provide a mechanism to pay all of the class ofunsecured creditors. (Bankr. E.D. Tenn.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Neopharma, Inc., In re
Oct
29
2021
Ruling
Law firm fees allowed as limited representation of an individual in forming a corporation didnot affect its disinterested status. (Bankr. E.D. Tenn.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Pritchard, In re--Jordan v. Pritchard
Sep
30
2021
Ruling
Creditor sufficiently alleged post-petition transfer of property to a family member as groundsfor denial of discharge. (Bankr. E.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.
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Court
:
- 11 U.S.C.
Moore, In re
Aug
25
2021
Ruling
Debtor's application to employ accountant as of petition date approved. (Bankr. W.D. Ark.)
Issue(s)
Employment of Professional Persons.
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Court
:
- 11 U.S.C.
Nikirk, In re--Kapitus Servicing, Inc. v. Nikirk
Apr
03
2020
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 28 U.S.C.
Hanson, In re
Jul
24
2019
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.)
Issue(s)
Change of Venue.
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River City Resort, In re
May
17
2019
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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Court
: