Skip to main content

Page Banner(Taxonomy)

District of tennessee

Thompson, In re--Colebrook v. Thompson

Ruling
Dismissal of a claim alleging that the debtor engaged in fraud by promising to pay a certaincontractual debt was warranted as it was timebarred. (Bankr. M.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Thompson, In re--Colebrook v. Thompson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 29, 2024 , LexisNexis #0724-011

Huffman, In re--Colebrook v. Huffman

Ruling
Court dismissed nondischargeability complaint for failure to state a claim as the underlyingclaims of fraud were time-barred. (Bankr. M.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Huffman, In re--Colebrook v. Huffman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 19, 2024 , LexisNexis #0624-087

Phillips, In re--Hart v. Phillips

Ruling
Breach of the parties' contract by her failure to remit a final, disputed payment failed toestablish a willful and malicious injury. (Bankr. W.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Phillips, In re--Hart v. Phillips Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 25, 2024 , LexisNexis #0524-090

Harang, In re--Bedwell v. Eddy

Ruling
Discharge was denied as debtor concealed assets and income and made false statements in hisbankruptcy filings. (Bankr. W.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property;

ABI Membership is required to access the full summary of Harang, In re--Bedwell v. Eddy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 15, 2024 , LexisNexis #0524-069

Gray, In re--Gray v. Gray

Ruling
Motion to dismiss granted where plaintiff adequately stated that his claims against thedefendant were fully or partially excepted from discharge under the Bankruptcy Code.(Bankr. W.D. Tenn.)
Issue(s)
Defenses and Objections -- When and How Presented – By Pleading or Motion --

ABI Membership is required to access the full summary of Gray, In re--Gray v. Gray Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 13, 2024 , LexisNexis #0524-100

Seebeck, In re

Ruling
Creditor was not properly notified of a debtor's Chapter 13 case and debtor did not meet hisburden of proving that the creditor willfully violated the automatic stay. (Bankr. W.D. Tenn.)
Issue(s)
Notice; When Notice to Creditor is Effective; When Penalties May Be Imposed.

ABI Membership is required to access the full summary of Seebeck, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 23, 2024 , LexisNexis #0624-078

Kelley, In re--Farinash v. Kelley

Ruling
Transfer of real property was avoidable as nothing in the record explained why the debtorschose to transfer the real property to a trust for the benefit of their children rather than dividethe real property among themselves. (Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of

ABI Membership is required to access the full summary of Kelley, In re--Farinash v. Kelley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 25, 2024 , LexisNexis #0324-066

Sanders, In re

Ruling
There was no automatic stay in effect in a Chapter 13 case as the debtor was a repeat filer andthe purchaser of her property at a foreclosure sale was a party in interest. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or

ABI Membership is required to access the full summary of Sanders, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 22, 2024 , LexisNexis #0324-033

Thomas, In re

Ruling
Bankruptcy estate was entitled to the value of debtor’s partnership interest on the date offiling, together with interest, offset by any damages caused by his wrongful dissociation fromthe partnership. (Bankr. W.D. Tenn.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

ABI Membership is required to access the full summary of Thomas, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 11, 2024 , LexisNexis #0324-043

Fields, In re--Randolph v. Fields

Ruling
Discharge denied due to debtor’s material false statements and oaths or omissions on herschedules and statement of financial affairs. (Bankr. W.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

ABI Membership is required to access the full summary of Fields, In re--Randolph v. Fields Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 26, 2023 , LexisNexis #0224-092