Feb
23
2023
Cruz, In re--Allied Ventures, LLC v. Cruz
Ruling:
Cause did not exist to grant relief from an automatic stay as debtor had an equitable interest in the property under an installment land contract and proposed to repay the remaining balance either as a secured obligation or as an assumption and cure. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on February 23,2023, LexisNexis #0423-054
Dec
22
2022
White, In re
Ruling:
Debtor's motion to modify the automatic stay denied as there was no evidence that the actionwas ready for trial or how granting it would benefit judicial economy. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on December 22,2022, LexisNexis #0223-076
Oct
26
2022
Butcher Shop of Cordova, LLC, In re--Day v. Agricenter Int'l, Inc.
Ruling:
Bankruptcy court lacked subject-matter jurisdiction over plaintiffs' complaint as it containedno cause of action that arose under Title 11 and none of the parties to the complaint was adebtor in bankruptcy. (Bankr. W.D. Tenn.)
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Commercial case opionion summary, case decided on October 26,2022, LexisNexis #0123-025
Sep
30
2022
Williams, In re
Ruling:
Creditor sanctioned for violation of the automatic stay as it had been on notice of thebankruptcy filing through multiple communications from both the debtor and her counsel.(Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 30,2022, LexisNexis #1222-057
Jul
12
2022
Hines, In re
Ruling:
Debtor's Chapter 13 case dismissed as debtor acted in bad faith when he created a falsifiedorder and presented that fabricated order to a prospective lender to obtain credit. (Bankr.W.D. Tenn.)
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Consumer case opionion summary, case decided on July 12,2022, LexisNexis #0922-018
Jun
14
2022
Herring, In re--Pace Fin., LLC v. Herring
Ruling:
Creditor was not entitled to a default judgment against debtor in nondischargeabilityproceeding where creditor’s allegations were not plausible. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on June 14,2022, LexisNexis #0822-006
May
04
2022
Elam, In re--Elam v. Nationstar Mortg., LLC
Ruling:
Bankruptcy court lacked subject matter jurisdiction over adversary proceeding as the trusteehad abandoned the underlying real property and the debtor had received her discharge andthe underlying case was closed for more than nine years. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 04,2022, LexisNexis #0722-024
Feb
08
2022
Getwell Pharm. of Tenn., Inc., In re
Ruling:
Debtor was entitled to confirmation of its amended Subchapter V plan of reorganization asit complied with the applicable provisions of § 1129 where it filed the plan in good faith.(Bankr. W.D. Tenn.)
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Commercial case opionion summary, case decided on February 08,2022, LexisNexis #0422-021
Jan
26
2022
Fry, In re--Randolph v. Fry
Ruling:
Denial of discharge denied where trustee failed to show that debtor's records were inadequateto establish his financial condition or business transactions at the time of the bankruptcypetition. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 26,2022, LexisNexis #0322-069
Sep
13
2021
Tennial, In re--Tennial v. Rei Nation, LLC
Ruling:
Complaint in turnover proceeding dismissed as the plaintiff lacks standing and defendantwas the owner of the property in question, which was sold at foreclosure. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 13,2021, LexisNexis #1121-015
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