Western District

Clothier, In re--Clothier v. IRS

Ruling: 
Debtors' motion for summary judgment was granted where the 2008 tax debt was not a priority claim as debtors' 2008 tax return was last due more than three years before the filing of their chapter 7 case. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-101

Blasingame, In re--Church J.V. v. Blasingame

Ruling: 
Debtors' causes of action for legal malpractice were not property of their bankruptcy estatesas the debtors had no cause of action against the malpractice defendants at the commencementof their case. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 09,2018, LexisNexis #0718-073

Blasingame, In re

Ruling: 
Motion to abandon granted as there was no likely value or benefit to the estate in continuingthe adversary proceeding. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0718-077

Blasingame, In re--Church J.V. v. Blasingame

Ruling: 
Plaintiff lacked standing to pursue adversary proceeding in behalf of the estate as trustee hadabandoned the underlying claims. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 04,2018, LexisNexis #0718-078

Labovitz, In re--Labovitz v. IRS

Ruling: 
Extension of the co-debtor stay to tax debt was not plausible as income tax debt was notconsumer debt for purposes of the co-debtor stay. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 14,2018, LexisNexis #0718-086

West, In re--West v. United States Dep't of Educ.

Ruling: 
Debtor’s motion for summary judgment was granted in part as where debtor has shown thathe cannot maintain a minimal standard of living if the student loan survives discharge. (Bankr.W.D. Tenn.)
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Consumer case opionion summary, case decided on February 05,2018, LexisNexis #0418-015

McAlexander,In re--Hattie v. McAlexander

Ruling: 
Breach of duty, without more, did not constitute a misappropriation. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 12,2017, LexisNexis #1017-078

Reed, In re

Ruling: 
Plan could not be confirmed as a mortgage company's secured interest in debtor's mobilehome could not be crammed down as the home was planned to be used as a home for mentallychallenged adults. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 15,2017, LexisNexis #0617-081

Gibbons v. First Citizens Nat'l Bank (In re Gibbons)

Ruling: 
Debtors not entitled to a refund of post-petition payments where their actions showed positiveindications that payments were being made voluntarily. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on December 13,2016, LexisNexis #0117-042

In re Bluff City Sheet Metal

Ruling: 
Action to preserve lien on property that was not property of the estate was not subject to theautomatic stay. (Bankr. W.D. Tenn.)
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Commercial case opionion summary, case decided on August 15,2016, LexisNexis #1016-074

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