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District of tennessee

In re Bluff City Sheet Metal

Ruling
Action to preserve lien on property that was not property of the estate was not subject to theautomatic stay. (Bankr. W.D. Tenn.)
Issue(s)
Should creditor be granted relief from stay to allow it to proceed with a lien enforcement suit against a property of a third party in state court?

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Commercial opinion summary, case decided on August 15, 2016 , LexisNexis #1016-074

In re Stanfill

Ruling
Approval of trustee’s proposed settlement with debtor’s spouse denied.
Issue(s)
Could trustee’s proposed settlement between debtor and spouse be approved as fair and equitable?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-030

Tabor v. Davis (In re Davis)

Ruling
Trustee could recover payments made by debtor to bank from proceeds of Ponzi scheme.
Issue(s)
Could allegedly preferential transfers to debtor’s spouse be avoided?

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Consumer opinion summary, case decided on June 14, 2016 , LexisNexis #0716-107

In re Kennedy

Ruling
Trustee's objections to debtor's additional and amended exemptions sustained.
Issue(s)
Should trustee's objections to debtor's amended exemptions be sustained?

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Consumer opinion summary, case decided on June 02, 2016 , LexisNexis #0616-108

Nelson v. Fifth Third Bank (In re Brunsman)

Ruling
Order granting summary judgment, sua sponte, to a chapter 7 trustee on his claims that a capital company and a bank did not have security interests in aircraft reversed.
Issue(s)
Whether the bankruptcy court's sua sponte granting of summary judgment to the trustee was erroneous?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 01, 2016 , LexisNexis #0616-131

Smith v. Morse (In re Morse)

Ruling
Debt was nondischargeable due to debtor's misrepresentation regarding the proposed use of loan proceeds.
Issue(s)
Did debtor's misrepresentation regarding the use of loan proceeds during the application process result in nondischargeable debt?

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Consumer opinion summary, case decided on May 24, 2016 , LexisNexis #0616-047

MarketGraphics Research Grp. Inc. v. Berge (In re Berge)

Ruling
Debt was dischargeable absent evidence of malicious intent.
Issue(s)
Was judgment for copyright infringement, unfair competition, violation of the Tennessee Consumer Protection Act, intentional interference with business relations, and civil conspiracy nondischargeable as based on malicious conduct by debtor?

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Consumer opinion summary, case decided on May 19, 2016 , LexisNexis #0616-048

In re Groner

Ruling
Commitment period requirements applied to plan modification where unsecured creditorswould not be paid in full. (Bankr. M.D. Tenn.)
Issue(s)
Modification of Plan After Confirmation; Requirements.

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Consumer opinion summary, case decided on May 11, 2016 , LexisNexis #1116-102

In re Johnson

Ruling
Chapter 11 case dismissed due to continuing loss to or diminution of the estate.
Issue(s)
Did deterioration of bank's collateral and debtor's failure to timely pay post-order for relief taxes create grounds for dismissal of chapter 11 case?

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Consumer opinion summary, case decided on May 05, 2016 , LexisNexis #0616-026

In re Adams

Ruling
Debtor's individual business account could only be claimed exempt by debtor and not by debtor spouse.
Issue(s)
Could both married debtors claim exemptions in a business account by claiming it had been converted to a marital asset?

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Consumer opinion summary, case decided on April 25, 2016 , LexisNexis #0516-080