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District of tennessee

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.

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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

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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

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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.

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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.

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

Erby, In re

Ruling
Attorney's fee application was deemed to be reasonable and approved as an allowedadministrative expense claim. (Bankr. W.D. Tenn.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Consumer opinion summary, case decided on December 04, 2023 , LexisNexis #0224-032

Holiday Ham Holdings, LLC, In re

Ruling
Cases ordered consolidated due to numerous preferential and fraudulent transfer proceedingsthat might result from post-petition unscrambling of debtor entities' assets and liabilities.(Bankr. W.D. Tenn.)
Issue(s)
Power of Court.

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Commercial opinion summary, case decided on November 17, 2023 , LexisNexis #0124-051

Holiday Ham Holdings, LLC, In re

Ruling
Cases ordered consolidated due to numerous preferential and fraudulent transfer proceedingsthat might result from post-petition unscrambling of debtor entities' assets and liabilities.(Bankr. W.D. Tenn.)
Issue(s)
Power of Court.

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Commercial opinion summary, case decided on November 17, 2023 , LexisNexis #0124-051

Parsons, In re

Ruling
Debtors' pro se application for payment of unclaimed funds was denied as they did not satisfythe rules of procedure or evidence in prosecuting their application. (Bankr. W.D. Tenn.)
Issue(s)
Unclaimed Property; Disposal in Chapter 7, 12 or 13.

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Consumer opinion summary, case decided on November 09, 2023 , LexisNexis #0124-027

Teal Props., In re

Ruling
Relief from the automatic stay to permit the filing of suit in state court was denied asterminating the stay would be contrary to its central purpose. (Bankr. E.D. Tenn.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on September 20, 2023 , LexisNexis #1123-079