- 11 U.S.C.
Thomas, In re
Jan
18
2019
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.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee; For Cause.
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Court
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- 11 U.S.C.
Thomas, In re
Oct
18
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Court
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- 11 U.S.C.
Clothier, In re--Clothier v. IRS
Sep
26
2018
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.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims; Tax on Income or Gross Receipts.
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Court
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- 11 U.S.C.
Clothier, In re--Clothier v. IRS
Aug
10
2018
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.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims; Tax on Income or Gross Receipts.
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Court
:
- 11 U.S.C.
West, In re--West v. United States Dep't of Educ.
Feb
05
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
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Ramco-Remodel Am. Corp. v. Wallis (In re Ramco-Remodel Am. Corp.)
Aug
10
2015
Ruling
Co-debtor third-party guarantor remained liable on debt after debtor's discharge.
Issue(s)
Whether a postpetition, court approved lump sum cash payment from debtor to creditors constituted a full and complete satisfaction and resolution of a prepetition claim so as to release third party guarantor from liability postdischarge?
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Court
:
- 28 U.S.C.
Glassman Edwards Wyatt Tuttle & Cox P.C. v. Wade (In re Wade)
Dec
15
2014
Ruling
Arbitration of creditor's claims denied as involving nondischargeability, which was within bankruptcy court's exclusive jurisdiction.
Issue(s)
Could debtor compel arbitration of claims by former law firm, including the issue of whether the debt to the firm was nondischargeable?
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Court
:
- 11 U.S.C.
In re Denman
Jul
24
2014
Ruling
Operating agreement of LLC was not an executory contract and another member was not entitled to relief from stay to enforce buyout provision against debtor.
Issue(s)
Whether a buyout clause of an LLC operating agreement is an invalid ipso facto clause and whether the automatic stay statutorily imposed against debtor's fellow member of the LLC should be terminated or modified for cause?
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Court
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In re RML Dev. Inc.
Jul
10
2014
Ruling
Credit bid modified for cause.
Issue(s)
Whether mortgage creditor should be allowed to credit bid at § 363 sales of two apartment complexes and whether the court's prior orders regarding the sales should be amended?
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Court
:
- FRBP
Glassman Edwards Wyatt Tuttle & Cox PC v. Wade (In re Wade)
Nov
06
2013
Ruling
Stay pending appeal of denial of debtor's motion for mandatory abstention denied.
Issue(s)
Was debtor entitled to stay pending appeal of denial of motion for mandatory abstention in proceeding for fraud, breach of fiduciary duty, and conversion brought against debtor by law firm in which debtor had been a partne. r
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