- 11 U.S.C.
Berry, In re--Berry v. Wells Fargo Home Mortg.
Mar
08
2021
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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- 11 U.S.C.
Berry, In re--Berry v. Specialized Loan Servicing, LLC
Mar
08
2021
Ruling
Relief for alleged violations of discharge injunction denied. (Bankr. W.D. Tenn.)
Issue(s)
Effect of Discharge.
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- 11 U.S.C.
ESA Graceland, LLC, In re
Mar
04
2021
Ruling
Debtor's law firm entitled to compensation and reimbursement of fees because the law firmheld a valid, enforceable security interest in a pre-petition retainer. (Bankr. W.D. Tenn.)
Issue(s)
Compensation of Officers.
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Rayford, In re
Dec
01
2020
Ruling
Debtor owed no pre-petition or post-petition arrears to the mortgage lender as they were paidpursuant to the Second Amended Proof of Claim and the confirmed Chapter 13 plan. (Bankr.W.D. Tenn.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal
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Nelson v. Cadles of West Virginia, LLC, In re
Nov
30
2020
Ruling
Plaintiff is not a "party in interest" and he lacks standing to bring this action seekingdeclaratory relief regarding the validity and enforceability of defendant's claim against thecorporate debtor. (Bankr. W.D. Tenn.)
Issue(s)
Allowance of Claims or Interests; Objections.
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- 11 U.S.C.
Harang, In re--Bedwell v. HHHH Dev., Inc.
Sep
01
2020
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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Thomas, In re--Thomas v. Tenn. DOT
Aug
25
2020
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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- 11 U.S.C.
Banks, In re--Banks v. Freedom Relief, LLC
Aug
14
2020
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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- 11 U.S.C.
Blankenship Farms, LP, In re
May
03
2019
Ruling
Secured creditor's motion for administrative expense claim denied where debtor's ex parteagreement to allow an equity cushion did not qualify as post-petition inducement. (Bankr.W.D. Tenn.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate
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- 11 U.S.C.
Thomas, In re
Jan
18
2019
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.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee; For Cause.
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