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Judge Kennedy

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

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

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

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

Ramco-Remodel Am. Corp. v. Wallis (In re Ramco-Remodel Am. Corp.)

Ruling: 
Co-debtor third-party guarantor remained liable on debt after debtor's discharge.
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Commercial case opionion summary, case decided on August 10,2015, LexisNexis #0915-123

Glassman Edwards Wyatt Tuttle & Cox P.C. v. Wade (In re Wade)

Ruling: 
Arbitration of creditor's claims denied as involving nondischargeability, which was within bankruptcy court's exclusive jurisdiction.
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Consumer case opionion summary, case decided on December 15,2014, LexisNexis #0115-101

In re Denman

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.
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Consumer case opionion summary, case decided on July 24,2014, LexisNexis #0814-075

Glassman Edwards Wyatt Tuttle & Cox PC v. Wade (In re Wade)

Ruling: 
Stay pending appeal of denial of debtor's motion for mandatory abstention denied.
ABI Membership is required to access the full summary of Glassman Edwards Wyatt Tuttle & Cox PC v. Wade (In re Wade). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 06,2013, LexisNexis #0114-104

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