Judge Harrison

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

Orlandi, In re

Ruling: 
Filing of a state court action based on debtor's pre-petition personal guaranty violated thedischarge injunction as the personal guaranty was a contingent debt that was discharged inbankruptcy. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on February 28,2020, LexisNexis #0420-041

Dan Mazzola, Inc., In re--Rockne's Inc. v. Dan Mazzola, Inc.

Ruling: 
Court properly denied motion to dismiss the case as the franchise agreement had not beensuccessfully terminated pre-petition. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-003

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

Barber, In re

Ruling: 
Claim based on debtor’s willful and malicious retention of creditor’s guns wasnondischargeable. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on August 09,2019, LexisNexis #1019-012

BX Acquisitions, Inc., In re--Eisenberg v. Toledo-Lucas Cty. Port Auth.

Ruling: 
Disputed payments could not be avoided because they were specifically authorized by cashcollateral orders. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on April 19,2019, LexisNexis #0719-004

Scarbrough, In re--Limor v. Anderson

Ruling: 
Transfers were avoided as debtor received less than a reasonably equivalent value inexchange for the transfers and was insolvent on the dates of the transfers. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on June 28,2018, LexisNexis #0818-019

Scarbrough, In re--Limor v. Anderson

Ruling: 
Transfers were avoided as debtor received less than a reasonably equivalent value inexchange for the transfers and was insolvent on the dates of the transfers. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on June 28,2018, LexisNexis #0818-019

St. George, In re--McDermott v. St. George

Ruling: 
Order granting additional time for trustee to file a complaint was reversed for trustee's lack of total diligence and failure to prove that debtor failed to cooperate. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 17,2017, LexisNexis #0517-104

Smith, In re--Allen v. Smith

Ruling: 
Creditor's claim deemed nondischargeable as the creditor justifiably relied on debtor's statements on how his investments would be used and debtor instead deposited the money into his own account immediately upon receipt. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on April 18,2017, LexisNexis #0517-096

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