Middle District

Winters v. Shulman (In re Winters)

In his motion for partial summary judgment, trustee sought, in part, the following: A declaratory judgment that any claim of the Internal Revenue Service (IRS) (defendant was the United States) for the tax year 2004 was a non-priority unsecured claim. The IRS, in part, sought summary judgment as to the following: The claim of $226,142 for tax year 2004 was a priority claim pursuant to 11 U.S.C.S. § 507(a)(8) and was non-dischargeable.
Ruling: 
IRS claim that was tolled by filing of petition with U.S. Tax Court was entitled to priority and was nondischargeable.
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Consumer case opionion summary, case decided on January 30,2013, LexisNexis #0213-079

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.
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Consumer case opionion summary, case decided on October 26,2012, LexisNexis #1112-125

In re Citizens Corp.

Movant guarantors filed a motion in the bankruptcy court, seeking relief from the stay that was imposed when a corporation ("debtor") declared chapter 11 bankruptcy so they could pursue counterclaims in state court against a bank that acted as lead bank for the debtor's prepetition lender group and third-party claims against the president of a financial data technology corporation. The chapter 11 trustee opposed the motion.
Ruling: 
Stay lifted to allow guarantors to prosecute breach of contract claims against bank.
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Commercial case opionion summary, case decided on September 12,2012, LexisNexis #1012-043

Eaton v. Ford Motor Credit Co.

Creditor filed an adversary proceeding against debtor in the United States Bankruptcy Court for the Middle District of Tennessee, seeking damages and a judgment of nondischargeability of a debt owed under an automobile dealership financing agreement. The bankruptcy court entered judgment in favor of the creditor. The debtor appealed.
Ruling: 
Debt owed by auto dealer for conversion properly held nondischargeable.
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Commercial case opionion summary, case decided on August 17,2012, LexisNexis #0912-050

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.
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Consumer case opionion summary, case decided on March 22,2012, LexisNexis #0412-110

Waldschmidt v. Johnson (In re Milford)

In this chapter 7 case where the debtor held an interest in real property, the trustee moved for partition and sale of the property pursuant to 11 U.S.C.S. § 363 and sought to provide a priority credit for the debtor's payment of mortgage prior to distributing the net proceeds of the sale to the other parties with interests in the property.
Ruling: 
Trustee's partition and sale of property with priority credit for mortgage payments made by debtor approved.
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Consumer case opionion summary, case decided on December 09,2011, LexisNexis #0112-077

In re Baugh

A law firm filed an application pursuant to 11 U.S.C.S. § 330(a) for payment of compensation for legal services and reimbursement of expenses incurred as special counsel to the chapter 11 debtors. The debtors filed an objection to the fee application on the grounds that the interest rate charged exceeded a reasonable rate, the fees charged were not reasonable, and post-petition interest was not a reasonable expense.
Ruling: 
Postpetition interest on debtor's special counsel's secured claim for fees disallowed.
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Consumer case opionion summary, case decided on October 27,2011, LexisNexis #1211-002

Lubber Inc. v. Optari LLC

Plaintiff corporation sued defendants, a former licensee and his company, for breach of contract, rescission, unfair competition, trademark infringement, and tort claims. Defendants moved for judgment on the pleadings. The corporation moved for leave to amend.
Ruling: 
Debtor lacked standing to bring action to rescind separation agreement, which was property of the estate.
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Commercial case opionion summary, case decided on October 06,2011, LexisNexis #1111-021

Piper v. Dollar Gen. Corp.

Defendant, a former employer of plaintiff Chapter 13 debtor, filed a motion for summary judgment in the debtor's disability discrimination action, alleging that the debtor was judicially estopped from pursuing her claim against the creditor.
Ruling: 
Debtor, but not trustee, was estopped from pursuing unscheduled lawsuit.
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Consumer case opionion summary, case decided on September 29,2011, LexisNexis #1011-120

N1 Creditors Trust v. Crown Packaging Corp. (In re Nukote Intl Inc.)

Plaintiff creditors' trust brought a non-consumer, non-insider preference action under 11 U.S.C.S. § 547(a) against defendant, a corporation that resided in Missouri, for an amount less than $11,725. The Missouri corporation moved to dismiss the preference proceeding for lack of proper venue, arguing that the action could only properly be brought in Missouri, pursuant to 28 U.S.C.S. § 1409(b).
Ruling: 
Small-dollar home court venue exception applied to non-consumer, non-insider preference proceeding between creditors' trust and corporation.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #1011-030

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