Judge Mashburn

Chaudury, In re

Ruling: 
Court deemed that the overriding requirement of the rollover rule was simply that therollover occur within the specified time period. (Bankr. M.D. Tenn.)
ABI Membership is required to access the full summary of Chaudury, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 01,2018, LexisNexis #0318-038

Wilhoite v. Lemah (In re Wilhoite)

Ruling: 
Debtor could not force trustee to accept opinions regarding sale of assets.
ABI Membership is required to access the full summary of Wilhoite v. Lemah (In re Wilhoite). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 14,2014, LexisNexis #0614-023

Wilhoite v. SunTrust Bank (In re Wilhoite)

Ruling: 
Debtor lacked standing to pursue breach of contract and tort claims which were property of the estate.
ABI Membership is required to access the full summary of Wilhoite v. SunTrust Bank (In re Wilhoite). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 06,2014, LexisNexis #0314-022

Walschmidt v. Bank of Am. (In re Wheeler)

Chapter 7 trustee filed an adversary proceeding against a secured creditor, pursuant to 11 U.S.C.S. § 544(a) to exercise his strong arm powers to bring the debtors' residence into the bankruptcy estate under 11 U.S.C.S. § 541. The parties filed cross motions for summary judgment.
Ruling: 
Trustee could not avoid deed of trust for which release was not recorded prior to petition date.
ABI Membership is required to access the full summary of Walschmidt v. Bank of Am. (In re Wheeler). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 26,2012, LexisNexis #1112-125

In re Gift

A solvent bankruptcy debtor proposed a plan which provided for payment of interest on local governments' claims for unpaid real property taxes which were over-secured by statutory liens against the property, but did not provide for payment of penalty interest for late payment of the taxes. The governments objected to confirmation of the debtor's plan.
Ruling: 
Debtor's plan not required to provide for payment of state penalty as part of oversecured claim.
ABI Membership is required to access the full summary of In re Gift. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 22,2012, LexisNexis #0412-110
Subscribe to Judge Mashburn