- 11 U.S.C.
Thompson, In re--Mey v. Thompson
Aug
02
2024
Ruling
Collateral estoppel did not apply to nondischargeability proceeding as the legal standards forprior damages award were different. (Bankr. M.D. Tenn.)
Issue(s)
Exceptions to Discharge.
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530 Donelson, LLC, In re
May
24
2024
Ruling
Where debtor needed to sell property quickly to minimize impact of default interest, it couldproceed more quickly with a sale process in bankruptcy than in state court receivership.(Bankr. M.D. Tenn.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any
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Thompson, In re--Colebrook v. Thompson
Apr
29
2024
Ruling
Dismissal of a claim alleging that the debtor engaged in fraud by promising to pay a certaincontractual debt was warranted as it was timebarred. (Bankr. M.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Huffman, In re--Colebrook v. Huffman
Apr
19
2024
Ruling
Court dismissed nondischargeability complaint for failure to state a claim as the underlyingclaims of fraud were time-barred. (Bankr. M.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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- 11 U.S.C.
Project Restore, LLC, In re
Oct
07
2022
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.)
Issue(s)
Involuntary Cases.
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:
- 11 U.S.C.
Connor, In re--Connor v. Prop. Fund 629, LLC
Jun
06
2022
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.)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
Chaudury, In re
Feb
01
2018
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.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Special Provisions For Retirement Funds; Rollovers.
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- 11 U.S.C.
Wilhoite v. Lemah (In re Wilhoite)
May
14
2014
Ruling
Debtor could not force trustee to accept opinions regarding sale of assets.
Issue(s)
Did trustee breach a fiduciary duty to the debtor with respect to valuation and sale of debtor's assets?
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- 11 U.S.C.
Wilhoite v. SunTrust Bank (In re Wilhoite)
Feb
06
2014
Ruling
Debtor lacked standing to pursue breach of contract and tort claims which were property of the estate.
Issue(s)
Did debtor have standing to pursue prepetition breach of contract and tort claims?
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Walschmidt v. Bank of Am. (In re Wheeler)
Oct
26
2012
Ruling
Trustee could not avoid deed of trust for which release was not recorded prior to petition date.
Procedural posture
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.
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