Teal, In re
Aug
06
2024
Ruling
Presumption of prima facie validity of claims was rebutted by debtor's objections, shiftingburden of proof to the creditor at trial. (Bankr. E.D. Tenn.)
Issue(s)
Proof of Claim.
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Court
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Kelley, In re--Farinash v. Kelley
Jan
25
2024
Ruling
Transfer of real property was avoidable as nothing in the record explained why the debtorschose to transfer the real property to a trust for the benefit of their children rather than dividethe real property among themselves. (Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of
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Court
:
- 11 U.S.C.
Teal Props., In re
Sep
20
2023
Ruling
Relief from the automatic stay to permit the filing of suit in state court was denied asterminating the stay would be contrary to its central purpose. (Bankr. E.D. Tenn.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
Smith, In re
Nov
19
2021
Ruling
The commencement and continuation of state court action seeking to recover damagestraceable to debtor's breach of marital dissolution agreement violated the automatic stay as itwas an act to collect a pre-petition claim. (Bankr. E.D. Tenn.)
Issue(s)
Automatic Stay; Scope.
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Rigney, In re
Aug
27
2021
Ruling
Creditor was not entitled to a determination that its claim was nondischargeable as debtorrationally believed that any sums owing for medical expenses had been paid by her insurerand there was insufficient proof that she had a culpable state of mind. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Chattanooga Mercantile, LLC, In re
Feb
19
2021
Ruling
Lease to which debtor was not a party could not be assumed by the debtor. (Bankr. E.D.Tenn.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
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CP Liquidation of Cleveland, Inc., In re
Sep
04
2020
Ruling
Creditor's claim was fully secured as debtor's agent had authority to pledge assets and debtorratified the security interest afforded the creditor. (Bankr. E.D. Tenn.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
:
- 11 U.S.C.
Davis, In re
Jul
27
2018
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.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition Earnings.
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Court
:
- 11 U.S.C.
Rassas, In re--Tenn. Educ. Lottery Corp. v. Rassas
Jun
08
2018
Ruling
Debt deemed nondischargeable as defendant allocated funds in an objectively reckless manner while in an express trust. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Smith, In re--Smith v. JP Morgan Chase Bank, N.A.
Mar
09
2017
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.)
Issue(s)
Automatic Stay.
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Court
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