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Davison v. Kanipe

Feb
05
2009
Ruling
Postpetition negotiation of prepetition check did not violate stay where creditor returned funds upon notice of filing.
Procedural posture

Appellant debtor challenged an order of the United States Bankruptcy Court for the Eastern District of Tennessee that denied her motion to declare a violation of the automatic stay under 11 U.S.C.S. § 362, to impose sanctions against appellee creditor, a check cashing service that negotiated, postpetition, a pre-petition check she had written pursuant to the Deferred Presentment Services Act, authorized by Tenn. Code Ann. § 45-17-101 et seq.

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Consumer opinion summary, case decided on February 05, 2009 , LexisNexis #0309-040
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Rutherford v. First Tenn. Bank Natl Assn

Aug
07
2008
Ruling
Violation of discharge injunction did not give rise to private right of action.
Procedural posture

Plaintiff debtor brought claims alleging that defendant creditor bank violated the bankruptcy court's discharge order entered in his bankruptcy case under 11 U.S.C.S. § 524, the Tennessee Consumer Protection Act of 1977, Tenn. Code Ann. § 47-18-101 et seq., and for invasion of privacy, seeking actual damages, punitive damages, and legal fees under 11 U.S.C.S. § 105. The creditor bank moved to dismiss.

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Consumer opinion summary, case decided on August 07, 2008 , LexisNexis #1008-061
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