Jan
18
2019
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
Jan
07
2019
Smith, In re
Ruling:
Trustee's objection overruled where Tennessee exemption statutes allow debtors to claim bothpersonal property exemption and bodily injury exemption in a personal injury settlement.(Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-061
Jan
02
2019
Blankenship, In re--Agrifund, LLC v. Balnkenship
Ruling:
Debtors owed LLC a nondischargeable debt as debtors' overstatement of tillable acreage wassubstantially untruthful and materially false. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-010
Oct
18
2018
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
Oct
10
2018
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.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1218-060
Sep
26
2018
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
Aug
10
2018
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
Apr
10
2018
Blasingame, In re
Ruling:
Motion to abandon granted as there was no likely value or benefit to the estate in continuingthe adversary proceeding. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0718-077
May
04
2018
Blasingame, In re--Church J.V. v. Blasingame
Ruling:
Plaintiff lacked standing to pursue adversary proceeding in behalf of the estate as trustee hadabandoned the underlying claims. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 04,2018, LexisNexis #0718-078
May
14
2018
Labovitz, In re--Labovitz v. IRS
Ruling:
Extension of the co-debtor stay to tax debt was not plausible as income tax debt was notconsumer debt for purposes of the co-debtor stay. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 14,2018, LexisNexis #0718-086