Aug
14
2020
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
Sep
01
2020
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
Aug
25
2020
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
May
03
2019
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
Jan
18
2019
Thomas, In re
Ruling:
Appointment of chapter 11 trustee granted as it was in the best interests of the creditors as well as the estate. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 18,2019, LexisNexis #0219-085
Jan
07
2019
Smith, In re
Ruling:
Trustee's objection overruled where Tennessee exemption statutes allow debtors to claim bothpersonal property exemption and bodily injury exemption in a personal injury settlement.(Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-061
Jan
02
2019
Blankenship, In re--Agrifund, LLC v. Balnkenship
Ruling:
Debtors owed LLC a nondischargeable debt as debtors' overstatement of tillable acreage wassubstantially untruthful and materially false. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-010
Oct
18
2018
Thomas, In re
Ruling:
Creditors were entitled to summary judgment where they sufficiently carried the burden ofproving that all the requirements of the Tennessee doctrine of collateral estoppel had beenestablished. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on October 18,2018, LexisNexis #1218-074
Oct
10
2018
Labovitz, In re
Ruling:
Motion for summary judgment denied as complaint alleged that the IRS and an IRS agentviolated the consent order but provided no evidence to support the allegations noted. (Bankr.W.D. Tenn.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1218-060
Sep
26
2018
Clothier, In re--Clothier v. IRS
Ruling:
Motion to alter judgment was granted as the bankruptcy court failed to consider the "hangingparagraph" in 11 U.S.C. § 507(a)(8) which stated that the period shall be suspended for anytime during which the stay of proceedings was in effect in a prior case under title 11 plus 90days. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-010
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