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middle district of tennessee

Peterson, In re

Ruling
Trustee's application for payment of fees and costs that her law firm billed was reduced as the fees sought payment for work done prior to court's approval of trustee's application to employ her firm. (Bankr. M.D. Tenn.)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on April 07, 2017 , LexisNexis #0517-032

Crocker v. Cooper (In re Cooper)

Ruling
Discharge was denied where debtors concealed personal property and had no regard forproviding complete and accurate information. (Bankr. M.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on December 08, 2016 , LexisNexis #0117-052

In re McCoy

Ruling
Bankruptcy court abused discretion in denying debtor’s motion to reopen absent objection orprejudice to creditors. (B.A.P. 6th Cir.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 29, 2016 , LexisNexis #0117-003

Nelson v. Fifth Third Bank (In re Brunsman)

Ruling
Order granting summary judgment, sua sponte, to a chapter 7 trustee on his claims that a capital company and a bank did not have security interests in aircraft reversed.
Issue(s)
Whether the bankruptcy court's sua sponte granting of summary judgment to the trustee was erroneous?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 01, 2016 , LexisNexis #0616-131

MarketGraphics Research Grp. Inc. v. Berge (In re Berge)

Ruling
Debt was dischargeable absent evidence of malicious intent.
Issue(s)
Was judgment for copyright infringement, unfair competition, violation of the Tennessee Consumer Protection Act, intentional interference with business relations, and civil conspiracy nondischargeable as based on malicious conduct by debtor?

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Consumer opinion summary, case decided on May 19, 2016 , LexisNexis #0616-048

In re Groner

Ruling
Commitment period requirements applied to plan modification where unsecured creditorswould not be paid in full. (Bankr. M.D. Tenn.)
Issue(s)
Modification of Plan After Confirmation; Requirements.

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Consumer opinion summary, case decided on May 11, 2016 , LexisNexis #1116-102

In re Johnson

Ruling
Chapter 11 case dismissed due to continuing loss to or diminution of the estate.
Issue(s)
Did deterioration of bank's collateral and debtor's failure to timely pay post-order for relief taxes create grounds for dismissal of chapter 11 case?

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Consumer opinion summary, case decided on May 05, 2016 , LexisNexis #0616-026

Gaft v. Sheidler (In re Sheidler)

Ruling
Tortious conduct of builder who was not debtor's agent could not be attributed to debtor developers in order to establish nondischargeability of resulting debt.
Issue(s)
Could trustee avoid fraudulent transfers arising from payments by the debtor to or for the benefit of transferee while the debtor was insolvent and for which the debtor received no reasonably equivalent value but which were repaid in part?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 28, 2016 , LexisNexis #0416-078

In re Yonish

Ruling
Bankruptcy court abused its discretion in denying debtors' motion to reopen case to avoid judicial liens.
Issue(s)
Whether the bankruptcy court abused its discretion by denying the debtors' motion to reopen their chapter 7 case in order to avoid judicial liens when no creditor objected or presented evidence of prejudice?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 03, 2016 , LexisNexis #0316-110

Collins v. Sidharthan (In re KSRP Ltd.)

Ruling
Contractual indemnity claim was properly found to be "related to" debtor's bankruptcy.
Issue(s)
Did the bankruptcy and district courts lack "related to" jurisdiction over creditor's proceeding against debtor's contractual indemnity claim against an officer of debtor's general partner the officer's cross-claims for indemnity and contribution against the debtor had no possibility of succeeding?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 15, 2015 , LexisNexis #0116-069