Western District

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

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

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

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

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