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eastern district of tennessee

Newman, In re

Ruling
Landlord did not possess a valid claim against the co-debtor spouse of a bankruptcy debtoras he had no "right to payment." (Bankr. E.D. Tenn.)
Issue(s)
Definitions; “Claim”.

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Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-061

Fryar, In re

Ruling
Proposed settlement which was a sub rosa plan or a precursor for a conversion or dismissal which ignored the Bankruptcy Code's priority scheme denied. (Bankr. E.D. Tenn.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on April 25, 2017 , LexisNexis #0517-150

Crisp, In re--Synovus Bank v. Crisp

Ruling
Creditor failed to show that debt was nondischargeable as it failed to show that it reasonably relied on the debtor's misrepresentation and that the debtor had an intent to deceive. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on April 25, 2017 , LexisNexis #0517-130

Walker, In re--Paris v. Walker

Ruling
Trustee's motion for summary judgment on his claim for consolidation denied as there were issues of fact concerning the debtors' intent in transferring over a dozen houses to their daughter. (Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of Trustee’s Avoidance Powers.

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Consumer opinion summary, case decided on April 03, 2017 , LexisNexis #0517-052

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.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on March 09, 2017 , LexisNexis #0417-036

Poole, In re

Ruling
Creditor's objection to confirmation of the debtors' chapter 13 plan denied because creditorholds multiple claims, two of which are wholly unsecured and therefore subject tomodification. (Bankr. E.D. Tenn.)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on January 30, 2017 , LexisNexis #0317-028

In re East

Ruling
Motion to compel abandonment of property denied. (Bankr. E.D. Tenn.)
Issue(s)
Abandonment of Property of the Estate.

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Consumer opinion summary, case decided on November 23, 2016 , LexisNexis #1216-078

Edwards v. Arledge (In re Arledge)

Ruling
Transfers to living trust within four years of petition date could be avoided as fraudulent.(Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on November 18, 2016 , LexisNexis #1216-076

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.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on November 10, 2016 , LexisNexis #1216-058

Davis, In re--Newton v. Metal Craft Fabrication & Sales, LLC

Ruling
Debtor's payment of restitution under a plea agreement was not "new value." (Bankr. E.D.Tenn.)
Issue(s)
Preferences; Exceptions to Avoidance.

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Consumer opinion summary, case decided on September 09, 2016 , LexisNexis #0318-048