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Tennial, In re--Tennial v. Rei Nation, LLC

Ruling
Complaint in turnover proceeding dismissed as the plaintiff lacks standing and defendantwas the owner of the property in question, which was sold at foreclosure. (Bankr. W.D. Tenn.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Consumer opinion summary, case decided on September 13, 2021 , LexisNexis #1121-015

Sanders, In re--Shell v. Sanders

Ruling
Debt was dischargeable as it arose from a court order and there was not a pre-existingfiduciary relationship alleged between the parties. (Bankr. W.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on August 18, 2021 , LexisNexis #1021-008

Parsons, In re

Ruling
Objection to confirmation of Chapter 13 plan was overruled as the plan satisfied the bestinterest of creditors test. (Bankr. W.D. Tenn.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on June 22, 2021 , LexisNexis #0821-045

Harang, In re--Harang v. Dart

Ruling
Chapter 7 debtor's objections to claims were denied for lack of standing as debtor was not aparty in interest. (Bankr. W.D. Tenn.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on May 06, 2021 , LexisNexis #0621-082

Berry, In re

Ruling
Creditor was entitled to an extension of time to file a notice of appeal of punitive damagesorder in favor of debtor pursuant to timely filed motion. (Bankr. W.D. Tenn.)
Issue(s)
Time for Filing Notice of Appeal; Extending the Time to

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Consumer opinion summary, case decided on April 16, 2021 , LexisNexis #0621-024

Berry, In re--Berry v. Wells Fargo Home Mortg.

Ruling
Debtor was not entitled to relief for violation of the discharge injunction by the initial loanservicer as the communications did not demand payment or otherwise attempt to collect thedischarged debt secured by the real property. (Bankr. W.D. Tenn.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on March 08, 2021 , LexisNexis #0421-088

Harang, In re--Bedwell v. HHHH Dev., Inc.

Ruling
Creditors’ pursuit of former community property claims from debtor’s former spouse had toawait trustee’s decision whether to pursue or abandon the claims. (Bankr. W.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights

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Consumer opinion summary, case decided on September 01, 2020 , LexisNexis #1120-010

Thomas, In re--Thomas v. Tenn. DOT

Ruling
Debtor attorney sanctioned and prohibited from filing or presenting arguments in own casedue to conduct that repeatedly violated the Tennessee Supreme Court's Rules of ProfessionalConduct. (Bankr. W.D. Tenn.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on August 25, 2020 , LexisNexis #1120-001

Banks, In re--Banks v. Freedom Relief, LLC

Ruling
Complaint in adversary proceeding dismissed to the extent it sought turnover of property andrecords belonging to third parties rather than the bankruptcy estate. (Bankr. W.D. Tenn.)
Issue(s)
Turnover of Property to the Estate.

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Consumer opinion summary, case decided on August 14, 2020 , LexisNexis #1120-009

Labovitz, In re

Ruling
Motion for summary judgment denied as complaint alleged that the IRS and an IRS agentviolated the consent order but provided no evidence to support the allegations noted. (Bankr.W.D. Tenn.)
Issue(s)
Power of Court.

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Consumer opinion summary, case decided on October 10, 2018 , LexisNexis #1218-060