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Briars, In re

Ruling
Trustee's motion to dismiss was denied as debtor's reduced income and additional expenses due to her changed financial circumstances constituted special circumstances to rebut the presumption of abuse. (Bankr. W.D. Tenn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on August 21, 2024 , LexisNexis #1124-018

Seebeck, In re

Ruling
Creditor was not properly notified of a debtor's Chapter 13 case and debtor did not meet hisburden of proving that the creditor willfully violated the automatic stay. (Bankr. W.D. Tenn.)
Issue(s)
Notice; When Notice to Creditor is Effective; When Penalties May Be Imposed.

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Consumer opinion summary, case decided on February 23, 2024 , LexisNexis #0624-078

Martin, In re

Ruling
Debtor was entitled to retain the entire amount of personal injury settlement proceeds absentobjection. (Bankr. W.D. Tenn.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on September 01, 2023 , LexisNexis #1123-010

Reynolds, In re--Reynolds v. Partners for Payment Relief DE IV, LLC

Ruling
Temporary restraining order preventing foreclosure on debtor’s home granted upon showingthat debtor had stable income and was consistently making Chapter 13 plan payments. (Bankr.W.D. Tenn.)
Issue(s)
Injunctions.

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Consumer opinion summary, case decided on September 01, 2023 , LexisNexis #1023-099

Thompson, In re

Ruling
Debtor was not entitled to sanctions for stay violation absent evidence that creditor's conductwas willful. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on June 20, 2023 , LexisNexis #0823-051

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.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on July 12, 2022 , LexisNexis #0922-018