Western District

Berry, In re

Ruling: 
Creditor was entitled to an extension of time to file a notice of appeal of punitive damagesorder in favor of debtor pursuant to timely filed motion. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on April 16,2021, LexisNexis #0621-024

Berry, In re--Berry v. Specialized Loan Servicing, LLC

Ruling: 
Relief for alleged violations of discharge injunction denied. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on March 08,2021, LexisNexis #0421-087

Berry, In re--Berry v. Wells Fargo Home Mortg.

Ruling: 
Debtor was not entitled to relief for violation of the discharge injunction by the initial loanservicer as the communications did not demand payment or otherwise attempt to collect thedischarged debt secured by the real property. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on March 08,2021, LexisNexis #0421-088

ESA Graceland, LLC, In re

Ruling: 
Debtor's law firm entitled to compensation and reimbursement of fees because the law firmheld a valid, enforceable security interest in a pre-petition retainer. (Bankr. W.D. Tenn.)
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Commercial case opionion summary, case decided on March 04,2021, LexisNexis #0421-052

Rayford, In re

Ruling: 
Debtor owed no pre-petition or post-petition arrears to the mortgage lender as they were paidpursuant to the Second Amended Proof of Claim and the confirmed Chapter 13 plan. (Bankr.W.D. Tenn.)
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Consumer case opionion summary, case decided on December 01,2020, LexisNexis #0221-098

Nelson v. Cadles of West Virginia, LLC, In re

Ruling: 
Plaintiff is not a "party in interest" and he lacks standing to bring this action seekingdeclaratory relief regarding the validity and enforceability of defendant's claim against thecorporate debtor. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on November 30,2020, LexisNexis #0221-081

Banks, In re--Banks v. Freedom Relief, LLC

Ruling: 
Complaint in adversary proceeding dismissed to the extent it sought turnover of property andrecords belonging to third parties rather than the bankruptcy estate. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 14,2020, LexisNexis #1120-009

Harang, In re--Bedwell v. HHHH Dev., Inc.

Ruling: 
Creditors’ pursuit of former community property claims from debtor’s former spouse had toawait trustee’s decision whether to pursue or abandon the claims. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 01,2020, LexisNexis #1120-010

Thomas, In re--Thomas v. Tenn. DOT

Ruling: 
Debtor attorney sanctioned and prohibited from filing or presenting arguments in own casedue to conduct that repeatedly violated the Tennessee Supreme Court's Rules of ProfessionalConduct. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 25,2020, LexisNexis #1120-001

Blankenship Farms, LP, In re

Ruling: 
Secured creditor's motion for administrative expense claim denied where debtor's ex parteagreement to allow an equity cushion did not qualify as post-petition inducement. (Bankr.W.D. Tenn.)
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Consumer case opionion summary, case decided on May 03,2019, LexisNexis #0719-062

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