Judge Kennedy

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.
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Consumer case opionion summary, case decided on November 06,2013, LexisNexis #0114-104

United States v. Robinson (In re Robinson)

The United States filed a motion that sought, inter alia, to have the automatic stay under 11 U.S.C.S. § 362(a) judicially declared inapplicable to the government's efforts to collect and enforce prepetition criminal restitution judgments against chapter 13 debtor under 11 U.S.C.S. § 362(b)(1) and 18 U.S.C.S. § 3613(a).
Ruling: 
Stay did not apply to protect debtor in possession against government efforts to collect and enforce criminal restitution payments.
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Consumer case opionion summary, case decided on November 21,2012, LexisNexis #0213-003
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