- 11 U.S.C.
Ward, In re
Dec
06
2017
Ruling
Extra representation provided by own firm of the trustee was unnecessary and thus not compensable to the trustee. (Bankr. M.D. Tenn.)
Issue(s)
Limitation on Compensation of Trustee.
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Court
:
- 11 U.S.C.
Pursley, In re
Oct
05
2017
Ruling
Court found administrative expense to be reasonable based on the benefit of the proceedingto debtor's hourly rate, the estimate of the time necessary to assist the debtor in completing aplan, and the length of the plan. (Bankr. E.D. Tenn.)
Issue(s)
Compensation of Officers.
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Court
:
Cunningham, In re
Oct
03
2017
Ruling
Court ruled that if a creditor does not negotiate a check, and that check remains uncashed 90days after the final distribution, the funds represented by that check are deemed unclaimedfunds and are to be deposited into the Court's registry in trust for the creditor. (Bankr. M.D.Tenn.)
Issue(s)
Unclaimed Property; Disposal in Chapter 7, 12 or 13.
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Court
:
- 11 U.S.C.
Cawood v. Seterus, Inc. (In re Cawood)
Sep
29
2017
Ruling
Court ruled that the discharge injunction violation could be implemented by a different courtfrom the issuing court as the loan had not yet been previously discharged in debtor's priorbankruptcy. (Bankr. E.D. Tenn.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
Dearmond, In re--Russell v. Harper
Sep
21
2017
Ruling
Trustee was entitled to monetary judgment from transferee as the transferee was also held liable for debtor's fraudulent transfers. (Bankr. E.D. Tenn.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Initial Transferee.
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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
:
- 11 U.S.C.
Zenga, In re
Sep
07
2017
Ruling
Petitioning creditor relied to his detriment on the alleged debtors' misrepresentations in a state court proceeding when he filed involuntary bankruptcy cases against them. (Bankr. M.D. Tenn.)
Issue(s)
Involuntary Cases.
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Court
:
- 11 U.S.C.
Trost, In re--Trost v. Trost
Jun
28
2017
Ruling
A finding of "no fraud" did not negate collateral estoppel as fraud was not a required elementfor determining nondischargeability. (B.A.P. 6th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Vollberg, In re--Weaver v. Vollberg
Jun
27
2017
Ruling
Mere recitation that creditor relied to debtor's financial statement was insufficient to state aclaim. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
Garibay, In re--Selective Ins. Co. of Am. v. Garibay
Jun
19
2017
Ruling
Entry of default judgment appropriate because of debtor's willful and repeated refusal to engage timely in discovery. (Bankr. E.D. Tenn.)
Issue(s)
Failure to Make Discovery
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Court
: