Hanson, In re
Sep
26
2018
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.)
Issue(s)
Modification of Plan; Where Debtor is an Individual.
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Court
:
- 11 U.S.C.
Carter, In re--Church of God v. Carter
Aug
27
2018
Ruling
Criminal restitution was nondischargeable. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Criminal Restitution Payments.
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Court
:
McGinness, In re
Mar
02
2018
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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Court
:
- 11 U.S.C.
Pursley, In re
Oct
05
2017
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.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Cawood v. Seterus, Inc. (In re Cawood)
Sep
29
2017
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.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
Vollberg, In re--Weaver v. Vollberg
Jun
27
2017
Ruling
Mere recitation that creditor relied to debtor's financial statement was insufficient to state aclaim. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
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Fryar, In re
Apr
25
2017
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.)
Issue(s)
Compromise and Arbitration.
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Court
:
- 11 U.S.C.
Crisp, In re--Synovus Bank v. Crisp
Apr
25
2017
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
Walker, In re--Paris v. Walker
Apr
03
2017
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers.
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Court
:
Poole, In re
Jan
30
2017
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.)
Issue(s)
Confirmation of Plan; Objections.
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Court
: