Middle District

Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc.

Plaintiff trailer manufacturer sued defendants, dealers, and alleged that the dealers had fraudulently transferred assets to avoid paying a dealer's creditors. The dealers moved for determination and the manufacturer moved to strike.
Ruling: 
Manufacturer could pursue fraudulent transfer claim against debtor to satisfy unpaid settlement.
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Commercial case opionion summary, case decided on December 04,2009, LexisNexis #1209-139

Nukote Intl Inc. v. Office Depot Inc.

Plaintiff manufacturer alleged that as a direct result of the breakdown of its business relationship with defendant retailer the manufacturer was forced to file for chapter 11 bankruptcy protection. The manufacturer filed an adversary proceeding in the bankruptcy court against the retailer and asserted, inter alia, breach of contract and fraudulent and negligent misrepresentation. The retailer moved to withdraw the reference.
Ruling: 
Non-core prepetition right of action arising under state law was appropriate for permissive withdrawal.
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Commercial case opionion summary, case decided on November 16,2009, LexisNexis #1209-063

In re Santa Fe Holding Co.

The chief restructuring officer (CRO) of bankruptcy debtors assisted in the administration of the debtors' estates and accomplished closing of a sale of 17 of the debtors' 27 restaurants. The CRO applied for interim compensation and the United States Trustee objected to the portion of the fee application that sought a success fee.
Ruling: 
Debtor's chief restructuring officer's interim fee application, including success fee, approved over objection of United States Trustee.
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Commercial case opionion summary, case decided on November 16,2009, LexisNexis #1209-109

Hyundai Translead Inc. v. Jackson Truck & Trailer Repair Inc.

Plaintiff manufacturer sued defendants, dealerships, their owners, and the chief financial officer (CFO), and asserted claims for fraudulent transfer, conversion, fraudulent and negligent misrepresentation, and successor liability. The manufacturer filed an involuntary chapter 7 bankruptcy petition against one of the dealerships. The court granted derivative standing to the manufacturer. The dealerships, the owners, and the CFO moved to dismiss.
Ruling: 
Manufacturer's state law, common law and fraudulent transfer claims against involuntary debtor dismissed.
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Commercial case opionion summary, case decided on October 29,2009, LexisNexis #1209-034

Crim v. First Tenn. Bank (In re Crim)

Debtor challenged two decisions of the bankruptcy court, as well as the bankruptcy court's two subsequent decisions that denied debtor's motions to alter or amend those decisions. Appellee bank opposed debtor's appeal. Among other things, debtor asserted a recoupment defense under the Truth in Lending Act (TILA), 15 U.S.C.S. § 1640. The case also implicated 11 U.S.C.S. § 541(a)(1).
Ruling: 
Debtor's recoupment defense under the Truth in Lending Act was property of the estate and could be settled by trustee.
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Consumer case opionion summary, case decided on October 28,2009, LexisNexis #1209-016

In re Daily

This matter came before the court upon a judgment creditor's motion to appoint a chapter 11 Trustee. Debtor opposed the motion. The U.S. Trustee stated his position that a chapter 11 Trustee should not be appointed.
Ruling: 
Eight-year old state court judgment for misconduct was not grounds for appointment of chapter 11 trustee.
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Consumer case opionion summary, case decided on October 19,2009, LexisNexis #1209-021

Woolsey v. Woolsey (In re Woolsey)

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding seeking a determination that a debt to the spouse was not dischargeable based on the debtor's fraud and as an obligation under a divorce decree, and that the debtor was not entitled to a discharge. The debtor moved for certification of a partial summary judgment that the debt was a nondischargeable marital obligation as an appealable final judgment.
Ruling: 
Partial summary judgment of nondischargeability of marital dissolution agreement was an appealable final judgment.
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Consumer case opionion summary, case decided on September 22,2009, LexisNexis #1109-029

In re Hatman

A pawnbroker moved for relief from the automatic bankruptcy stay to allow the pawnbroker to sell property pawned by a bankruptcy debtor and not redeemed within the redemption period after the maturity date of the pawn tickets, but the debtor disputed the maturity date of the tickets.
Ruling: 
Debtor provided with opportunity to redeem pawned property.
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Consumer case opionion summary, case decided on September 01,2009, LexisNexis #1009-017

Nowlin v. RNR LLC

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's employer, alleging that the employer violated the bankruptcy discharge injunction by continuing to deduct amounts from the debtor's paycheck which were not remitted to the bankruptcy trustee after the debtor's reorganization plan was paid in full by the employer as a sanction.
Ruling: 
Debtor's employer held in contempt and sanctioned for violation of discharge injunction.
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Consumer case opionion summary, case decided on August 27,2009, LexisNexis #1009-062

Lemeh v. Scott (In re Tom Nebel PC)

Chapter 7 trustee filed two adversary proceedings against a court clerk and the debtor's clients, concerning certain funds held by the clerk in which both the clients and the trustee claimed an interest. The disputed funds were deposited pursuant to a chancery court's order in a shareholder derivative action tried by the debtor on behalf of the clients. The trustee and the clients filed cross motions for summary judgment.
Ruling: 
Debtor's clients had sole claim to appeal bond funds held by court clerk.
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Commercial case opionion summary, case decided on March 16,2009, LexisNexis #0809-063

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