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Judge Whittenburg

Davis, In re

Ruling: 
Motion to approve the compromise and settlement was denied where debtor did not have alegal or equitable interest in a product liability claim that became property of the bankruptcyestate upon the filing of her chapter 7 petition. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-018

Rassas, In re--Tenn. Educ. Lottery Corp. v. Rassas

Ruling: 
Debt deemed nondischargeable as defendant allocated funds in an objectively reckless manner while in an express trust. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on June 08,2018, LexisNexis #0718-039

Smith, In re--Smith v. JP Morgan Chase Bank, N.A.

Ruling: 
Defendant's motion to dismiss adversary proceeding was granted as plaintiff did not properly seek relief for any violation of the discharge injunction. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on March 09,2017, LexisNexis #0417-036

In re Parker

Ruling: 
Debtor’s right to dismiss chapter 12 case that had not been converted from another chapter wasabsolute and not negated by bad faith. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on November 10,2016, LexisNexis #1216-058

Bryant v. Hamilton Cnty. (In re Bryant)

Ruling: 
Trustee's extension of time to exercise right of redemption extended to chapter 13 debtor with regard to property of the estate.
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Consumer case opionion summary, case decided on April 05,2016, LexisNexis #0416-107

In re Ash

Ruling: 
Debtor could not convert case from chapter 11 to chapter 13 where debtor was not eligible under chapter 13 on the petition date.
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Consumer case opionion summary, case decided on October 29,2015, LexisNexis #1115-131

White v. Chance Indus. (In re Chance Indus.)

Chapter 11 debtors and their principal moved to enjoin state court lawsuits brought by plaintiffs, a child hurt by one of debtors'amusement rides, and his parents, and to find plaintiffs in contempt for violation of the confirmation order and the discharge injunction. Plaintiffs and intervenor, the buyer of the amusement ride, filed an adversary complaint against debtors, seeking a determination of the dischargeability of the state court claims.
Ruling: 
Post-confirmation personal injury claim by plaintiff with no pre-petition relationship with debtor was not discharged by confirmation order.
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