Judge Stair, Jr.

Webb v. Bible (In re Bible)

Plaintiff judgment creditor filed an adversary proceeding against defendants, a debtor and an individual, in which the creditor sought the denial of the debtor's discharge under 11 U.S.C. § 727(a)(2), (3), (4) and (5), a determination regarding the dischargeability of a debt under 11 U.S.C. § 523(a)(6), and alleged fraudulent conveyances. Defendants moved to dismiss.
Ruling: 
Debtor's motion to dismiss creditor's proceeding seeking denial of discharge was granted in part and denied in part since creditor had sufficiently pled fraud claim.
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In re Long

Two creditors holding secured interests in debtors' motor vehicles challenged the confirmation of debtors'plan as not meeting the requirements of 11 U.S.C. § 1325(a)(1) and (a)(3), and did not provide for adequate protection pursuant to 11 U.S.C. § 361, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
Ruling: 
Plan was confirmed since court held that debtors could surrender vehicles in full satisfaction of debt and creditors could not assert unsecured claim for deficiency balance.
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In re Fee

Debtors filed a voluntary bankruptcy petition. A creditor, which held a security interest in the debtors'automobile, filed a secured claim. A chapter 13 bankruptcy trustee filed an objection to the creditor's proof of claim.
Ruling: 
Court disallowed creditor's secured claim since confirmation order controlled and plan called for debtors to surrender vehicle in full satisfaction of debt.
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In re Wagner

Objector creditor filed an objection to confirmation of the debtor's chapter 13 plan and asked the court to deny confirmation.
Ruling: 
Creditor's objection to plan confirmation was sustained since proposed plan violated equal monthly payment requirement.
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In re Ezell

A contested matter was before the court on a secured creditor's Objection to Confirmation of Plan and Plan Terms, objecting to confirmation of debtors'chapter 13 plan.
Ruling: 
Court ruled that section 1325(a)(5)'s anti-cramdown paragraph allowed debtors to surrender creditor's collateral to satisfy an allowed secured claim in full.
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In re Wilson

Three chapter 13 debtors filed motions asking the court to extend the automatic stay beyond the 30-day automatic expiration period set forth in 11 U.S.C. § 362(c)(3)(A). A creditor of one of these debtors opposed the motion. Two other chapter 13 debtors filed unopposed motions to impose the automatic stay pursuant to section 362(c)(4)(B).
Ruling: 
Debtors were denied unopposed motions to impose automatic stays despite prior recent filings since they did not overcome presumption of bad faith.
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Farmer v. Green Tree Serv. LLC (In re Snelson)

Plaintiff, a chapter 7 trustee in bankruptcy, filed an adversary complaint seeking to avoid a lien on the debtor's mobile home held by defendant creditor, pursuant to 11 U.S.C. § 544, and to recover the value of the mobile home for the benefit of the debtor's estate under 11 U.S.C. § 551. The trustee claimed the lien was avoidable due to a clerical error in the description of the collateral. Both parties moved for summary judgment.
Ruling: 
Trustee could not avoid creditor's lien since the creditor's security interest was perfected despite a clerical error in the description of the collateral.
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In re Jenkins

Moving creditor sought to reopen a bankruptcy case to permit filing a motion to modify or amend the order of discharge and for relief from the discharge injunction, so the creditor could bring a claim against the debtor for the unauthorized use and conversion of the creditor's house boat in the Circuit Court for Knox County, Tennessee.
Ruling: 
Creditor was denied motion to reopen bankruptcy case but only because the creditor was not listed as a creditor and could pursue a separate nondischargeability proceeding regarding damages claim at any time.
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Mostoller v. CitiCapital Commer. Corp. (In re Stetson & Assocs.)

Plaintiff chapter 7 trustee brought an adversary complaint to avoid several liens against personal property of the debtor that were held by defendant creditor pursuant to financing statements filed pursuant to Tenn. Code Ann. § 47-9-101 et seq. (Article 9 of the Uniform Commercial Code.) The creditor moved for relief from the automatic stay and for abandonment by the trustee of the bankruptcy estate's interest in the collateral.
Ruling: 
Trustee could not avoid a creditor's lien and did not have priority over the creditor's interests since the creditor's interests were perfected at the time of filing.
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Chattanooga Agric. Credit Assoc. v. Davis (In re Davis)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a declaration that a debt owed to the creditor by the debtor was not dischargeable. The debtor moved to dismiss the complaint as untimely filed under Fed. R. Bankr. P. 4007(c), and the creditor acknowledged the untimeliness but asserted equitable estoppel and equitable tolling.
Ruling: 
Consent decree was not valid for nondischargeability determination and creditor's untimely delay in filing adversary proceeding led to dismissal.
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