Aug
10
2018
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
May
09
2018
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
Apr
10
2018
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
May
04
2018
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
May
14
2018
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
Feb
05
2018
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
Sep
12
2017
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
May
15
2017
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
Dec
13
2016
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
Aug
15
2016
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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