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
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
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
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
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