Blasingame, In re--Church J.V. v. Blasingame
May
09
2018
Ruling
Debtors' causes of action for legal malpractice were not property of their bankruptcy estatesas the debtors had no cause of action against the malpractice defendants at the commencementof their case. (Bankr. W.D. Tenn.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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:
Blasingame, In re--Church J.V. v. Blasingame
May
04
2018
Ruling
Plaintiff lacked standing to pursue adversary proceeding in behalf of the estate as trustee hadabandoned the underlying claims. (Bankr. W.D. Tenn.)
Issue(s)
Abandonment of Property of the Estate; By Trustee.
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:
Blasingame, In re
Apr
10
2018
Ruling
Motion to abandon granted as there was no likely value or benefit to the estate in continuingthe adversary proceeding. (Bankr. W.D. Tenn.)
Issue(s)
Abandonment of Property of the Estate; By Trustee.
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Court
:
- 11 U.S.C.
McAlexander,In re--Hattie v. McAlexander
Sep
12
2017
Ruling
Breach of duty, without more, did not constitute a misappropriation. (Bankr. W.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
Tabor v. Davis (In re Davis)
Jun
14
2016
Ruling
Trustee could recover payments made by debtor to bank from proceeds of Ponzi scheme.
Issue(s)
Could allegedly preferential transfers to debtor’s spouse be avoided?
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Court
:
- 11 U.S.C.
In re Erskine
Apr
08
2016
Ruling
Assets in invalid living trust were property of the estate and to be turned over to trustee.
Issue(s)
Was trustee entitled to turnover of funds held by an alleged living trust?
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Court
:
In re Washington
Jan
11
2016
Ruling
Judicial lien could be avoided despite debtors' failure to claim a homestead exemption where amount of liens and minimum potential exemption exceeded the value of the property.
Issue(s)
Could debtors who had not claimed a homestead exemption avoid a judicial lien on their property?
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Court
:
- 28 U.S.C.
Davis v. Orion Federal Credit Union (In re Davis)
Aug
25
2015
Ruling
Adversary proceeding that could be classified as an objection to proof of claim dismissed where the estate had no assets.
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Court
:
- 11 U.S.C.
In re Faye Foods Inc.
Feb
05
2015
Ruling
Levy on debtor's bank account to secure postpetition taxes did not violate the discharge injunction.
Issue(s)
Should state department of revenue be sanctioned for knowingly and intentionally violating the discharge injunction when it levied upon the bank account of the reorganized debtor to obtain payment of a post-petition tax claim?
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Court
:
Brooks v. Stevenson (In re Brooks)
Dec
27
2006
Ruling
Trustee could retain funds recovered from other creditors that debor claimed were not estate property.
Procedural posture
Movants, the debtor and his non-debtor wife, sought an order requiring respondent chapter 7 trustee to abandon his interest in certain funds paid over to him by creditors. These funds were obtained by the creditors as the result of a writ of garnishment. The trustee demanded that the funds be paid over to him because they represented a preferential transfer to the creditors.
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Court
: