Judge Croom

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

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

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

Wisper II LLC v. Abernathy (In re Wisper LLC)

Ruling: 
Managing member and spouse of debtor's predecessor LLC ordered to return property received in constructively fraudulent transfers.
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Commercial case opionion summary, case decided on December 02,2015, LexisNexis #1215-124

In re Longmire

Ruling: 
Creditor precluded from presenting omitted information from claim and charged with attorneys' fees and expenses due to failure to comply with Rule 3002.1.
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Consumer case opionion summary, case decided on September 11,2015, LexisNexis #1015-034

In re Elrod

Ruling: 
IRS levy served upon chapter 13 trustee against disbursements due to creditor violated the stay.
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Consumer case opionion summary, case decided on January 14,2015, LexisNexis #0215-079

In re Baker

Ruling: 
IRS notice of levy against chapter 13 trustee to collect disbursements due to creditor violated the automatic stay.
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Consumer case opionion summary, case decided on January 14,2015, LexisNexis #0315-007

In re Brown

Ruling: 
Undisbursed funds held by chapter 13 trustee were property of the estate until debtor was discharged or case closed and were not subject to IRS levy to satisfy taxes owed by creditor.
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Consumer case opionion summary, case decided on January 14,2015, LexisNexis #0315-008

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