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eastern district of tennessee

Heath, In re--Russell v. Heath

Ruling
Debtor's discharge was not denied as the omission of information from his original schedulein his amended schedule was caused by his attorney's reading of former Bankr. E.D. Tenn. R.1009-1. (Bankr. E.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on February 02, 2018 , LexisNexis #0318-052

Jones, In re--Lansden v. Jones

Ruling
Creditors entitled to a nondischargeable judgment where debtor procured execution of theISDA with respect to the inventory through false pretenses and misrepresentations. (Bankr.E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on January 26, 2018 , LexisNexis #0318-010

Jones, In re--Lansden v. Jones

Ruling
Creditors entitled to a nondischargeable judgment where debtor procured execution of theISDA with respect to the inventory through false pretenses and misrepresentations. (Bankr.E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on January 26, 2018 , LexisNexis #0318-010

Khalid Yahia Ibrahim, In re--Azaam Almasudi v. Khalid Yahia Ibrahim

Ruling
Plaintiff was entitled to nondischargeable judgement against debtor where debtor willfullyand maliciously converted plaintiff's $28,000.00 with the knowledge that plaintiff wouldsuffer harm. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on December 15, 2017 , LexisNexis #0118-073

Houghton, In re--Knoxville TVA Emples. Credit Union v. Houghton

Ruling
Debt deemed nondischargeable for debtor's misrepresentations in obtaining the loan. (Bankr.E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on December 13, 2017 , LexisNexis #0118-072

Pursley, In re

Ruling
Court found administrative expense to be reasonable based on the benefit of the proceedingto debtor's hourly rate, the estimate of the time necessary to assist the debtor in completing aplan, and the length of the plan. (Bankr. E.D. Tenn.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on October 05, 2017 , LexisNexis #1117-033

Cawood v. Seterus, Inc. (In re Cawood)

Ruling
Court ruled that the discharge injunction violation could be implemented by a different courtfrom the issuing court as the loan had not yet been previously discharged in debtor's priorbankruptcy. (Bankr. E.D. Tenn.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on September 29, 2017 , LexisNexis #1117-016

Dearmond, In re--Russell v. Harper

Ruling
Trustee was entitled to monetary judgment from transferee as the transferee was also held liable for debtor's fraudulent transfers. (Bankr. E.D. Tenn.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Initial Transferee.

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Consumer opinion summary, case decided on September 21, 2017 , LexisNexis #1017-108

Vollberg, In re--Weaver v. Vollberg

Ruling
Mere recitation that creditor relied to debtor's financial statement was insufficient to state aclaim. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on June 27, 2017 , LexisNexis #0817-008

Garibay, In re--Selective Ins. Co. of Am. v. Garibay

Ruling
Entry of default judgment appropriate because of debtor's willful and repeated refusal to engage timely in discovery. (Bankr. E.D. Tenn.)
Issue(s)
Failure to Make Discovery

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Consumer opinion summary, case decided on June 19, 2017 , LexisNexis #0717-118