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eastern district of tennessee

Harrison, In re--Hadley v. Harrison

Ruling
Debt was nondischargeable where debtor directed his employees to pack and moveeverything that was not attached to the floor or wall and to take everything that was not bolteddown. (B.A.P. 6th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 28, 2022 , LexisNexis #0422-063

Smith, In re

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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Consumer opinion summary, case decided on November 19, 2021 , LexisNexis #0122-031

K3D Prop. Servs., LLC, In re

Ruling
Proposed plan could not be confirmed as the debtor could not show that it met all the DowCorning factors including that it did not provide a mechanism to pay all of the class ofunsecured creditors. (Bankr. E.D. Tenn.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on November 12, 2021 , LexisNexis #0122-049

Neopharma, Inc., In re

Ruling
Law firm fees allowed as limited representation of an individual in forming a corporation didnot affect its disinterested status. (Bankr. E.D. Tenn.)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on October 29, 2021 , LexisNexis #1221-078

Pritchard, In re--Jordan v. Pritchard

Ruling
Creditor sufficiently alleged post-petition transfer of property to a family member as groundsfor denial of discharge. (Bankr. E.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

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Consumer opinion summary, case decided on September 30, 2021 , LexisNexis #1121-093

Givens, In re--Fuller v. Givens

Ruling
Plaintiffs were not entitled to a determination of nondischargeability when they failed to meettheir burden to prove that debtor actually made any misrepresentation and possessed anyfraudulent intent when he stated that he carried insurance. (Bankr. E.D. Tenn.)

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Consumer opinion summary, case decided on August 30, 2021 , LexisNexis #1021-059

Rigney, In re

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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Consumer opinion summary, case decided on August 27, 2021 , LexisNexis #1021-035

Moore, In re

Ruling
Debtor's application to employ accountant as of petition date approved. (Bankr. W.D. Ark.)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on August 25, 2021 , LexisNexis #1021-027

In re Newton v. McGhee-Rosenbrugh (In re McGhee)

Ruling
Transfers made by debtor to insider while insolvent on account of antecedent debt within theyear before she filed for bankruptcy were avoidable. (Bankr. E.D. Tenn.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on June 24, 2021 , LexisNexis #0821-038

K&L Trailer Leasing, Inc. v. Fellhoelter

Ruling
Bank continued to hold perfected security interest subsequent to transfer of collateral byChapter 11 trustee. (Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Commercial opinion summary, case decided on May 19, 2021 , LexisNexis #0721-040