Middle District

Salas, In re--Brekelmans v. Salas

Ruling: 
Property owner was entitled to summary judgment on the fraudulent conveyance claims as personal representatives were collaterally estopped from relitigating the issue of ownership. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on May 23,2023, LexisNexis #0723-061

Buhler, In re--Buhler v. Davis

Ruling: 
Debtor could not assume installment land contract as it was no longer executory after debtorfailed to make the balloon payment on the maturity date. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on November 23,2022, LexisNexis #0123-081

Project Restore, LLC, In re

Ruling: 
Denial of the debtor's motion to dismiss or for abstention based on the arbitration agreementswas appropriate as the debtor's position of requiring arbitration would have thwarted therights of the creditors. (Bankr. M.D. Tenn.)
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Commercial case opionion summary, case decided on October 07,2022, LexisNexis #1222-051

Connor, In re--Connor v. Prop. Fund 629, LLC

Ruling: 
Debtor's trespass claim was dismissed because it was undisputed that the creditor’s attorneydid not personally enter debtor's property. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on June 06,2022, LexisNexis #0722-078

Connor, In re--Connor v. Prop. Fund 629, LLC

Ruling: 
Lessor’s attorney’s motion to dismiss action for violation of stay denied because he could notshow that the safe harbor for lessors applied. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on September 09,2021, LexisNexis #1021-080

Hale, In re--Tennessee v. Hale

Ruling: 
Plaintiff was entitled to summary judgment on adversary complaints seeking determination ofnondischargeability as evidence sufficiently showed malice because debtors knowingly liedto consumers in order to make a profit. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on July 07,2021, LexisNexis #0821-063

Salas, In re

Ruling: 
Plaintiffs had derivative standing to initiate actions to avoid the conveyance of property as thecomplaint presented colorable causes of action and the trustee had taken no action despitedemand. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on February 11,2021, LexisNexis #0321-064

Taylor, In re--Taylor v. LoanCare, LLC

Ruling: 
Chapter 13 debtor was not entitled to later invoke 11 U.S.C. § 506 to void creditor's lien ondebtor's residence where debtor filed a proof of claim on behalf of the secured mortgagecreditor then failed to defend it. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on November 04,2020, LexisNexis #1220-059

White, In re--White v. Tekely

Ruling: 
Co-signer's action to collect nondischargeable student loan debt did not violate the dischargeinjunction. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-061

Christian, In re--Myka Ventures, Inc. v. Christian

Ruling: 
Creditor's objection to debtor's discharge was denied where court found debtor's testimony astruthful and credible. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-069

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