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western district of tennessee

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

Berry, In re--Berry v. Specialized Loan Servicing, LLC

Ruling
Relief for alleged violations of discharge injunction denied. (Bankr. W.D. Tenn.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on March 08, 2021 , LexisNexis #0421-087

ESA Graceland, LLC, In re

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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Commercial opinion summary, case decided on March 04, 2021 , LexisNexis #0421-052

Rayford, In re

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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Consumer opinion summary, case decided on December 01, 2020 , LexisNexis #0221-098

Nelson v. Cadles of West Virginia, LLC, In re

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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Consumer opinion summary, case decided on November 30, 2020 , LexisNexis #0221-081

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

Blankenship Farms, LP, In re

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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Consumer opinion summary, case decided on May 03, 2019 , LexisNexis #0719-062

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.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee; For Cause.

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Consumer opinion summary, case decided on January 18, 2019 , LexisNexis #0219-085