- 11 U.S.C.
Poole, In re
Sep
30
2019
Ruling
Chapter 13 debtors are allowed to modify the terms of notes that are wholly unsecured. (Bankr.E.D. Tenn.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Poole, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Piercy, In re--Long v. Piercy
Aug
20
2019
Ruling
Summary judgment granted for debtors where creditor could not satisfy the fraud elementrequired to maintain any action under 11 U.S.C. § 523(a)(4). (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
ABI Membership is required to access the full summary of Piercy, In re--Long v. Piercy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Hanson, In re
Jul
24
2019
Ruling
Debtor's were entitled to transfer their case back to the original bankruptcy court as it was inthe best interest of justice for the original bankruptcy court to interpret its own confirmationorder. (Bankr. E.D. Tenn.)
Issue(s)
Change of Venue.
ABI Membership is required to access the full summary of Hanson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
River City Resort, In re
May
17
2019
Ruling
Court denied creditor's request for permissive abstention as interpretation and enforcement ofa bankruptcy court order entered in a core proceeding was a core proceeding. (Bankr. E.D.Tenn.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
ABI Membership is required to access the full summary of River City Resort, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hanson, In re
Sep
26
2018
Ruling
Debtors' motion for modification of their confirmed chapter 11 plan denied where proposed modification was improper because it altered the value provided for secured creditors under the confirmed plan. (Bankr. E.D. Tenn.)
Issue(s)
Modification of Plan; Where Debtor is an Individual.
ABI Membership is required to access the full summary of Hanson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Roos, In re
Sep
14
2018
Ruling
Debtor was entitled to claim an exemption in any amount under Tennessee Code Annotated section 26-2-301 in property that he owns jointly as tenants in common for life with remainder to the survivor in fee. (Bankr. E.D. Tenn.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Interests Held as Tenant by the Entirety or Joint Tenant.
ABI Membership is required to access the full summary of Roos, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Carter, In re--Church of God v. Carter
Aug
27
2018
Ruling
Criminal restitution was nondischargeable. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Criminal Restitution Payments.
ABI Membership is required to access the full summary of Carter, In re--Church of God v. Carter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Davis, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of Rassas, In re--Tenn. Educ. Lottery Corp. v. Rassas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
McGinness, In re
Mar
02
2018
Ruling
Court overruled lender's objection to confirmation of the debtor's plan as the hanging paragraph did not apply because debtor's vehicle was predominantly used for business functions. (Bankr. E.D. Tenn.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
ABI Membership is required to access the full summary of McGinness, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: