- 11 U.S.C.
Thompson, In re
Jun
20
2023
Ruling
Debtor was not entitled to sanctions for stay violation absent evidence that creditor's conductwas willful. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Harang, In re
Jun
13
2023
Ruling
Debt was not excepted from discharge where debtor had not misrepresented his intent to notobligate himself or his law firm to repay a loan obtained by a joint venture with the creditor.(Bankr. W.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Quinn, In re--Quinn v. R&R Cap. Inv. Grp., LLC
Jun
09
2023
Ruling
Landlord violated the automatic stay when it received notice of the Chapter 13 case but constructively evicted the debtor by placing locks on the premises. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Scope.
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Court
:
- 11 U.S.C.
Salas, In re--Brekelmans v. Salas
May
23
2023
Ruling
Property owner was entitled to summary judgment on the fraudulent conveyance claims as personal representatives were collaterally estopped from relitigating the issue of ownership. (Bankr. M.D. Tenn.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Mayer, In re--Upper Cumberland Islamic Soc’y v. Mayer
Mar
30
2023
Ruling
Debtor was denied a discharge as he did not maintain adequate material records and debtor's testimony concerning his records and bank accounts was inconsistent and not credible. (Bankr. E.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.
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Court
:
- 11 U.S.C.
Judzewitsch, In re--Bailey v. Judzewitsch
Mar
29
2023
Ruling
Indemnification obligation owed to debtor's former spouse was nondischargeable as a new debt incurred as part of the divorce decree. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.
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Court
:
- 11 U.S.C.
Piercy, In re--Long v. Piercy
Feb
24
2023
Ruling
Nondischargeability complaint was subject to dismissal as debtors did not possess the requisite wrongful intent for either embezzlement or fiduciary defalcation. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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:
- 11 U.S.C.
Cruz, In re--Allied Ventures, LLC v. Cruz
Feb
23
2023
Ruling
Cause did not exist to grant relief from an automatic stay as debtor had an equitable interest in the property under an installment land contract and proposed to repay the remaining balance either as a secured obligation or as an assumption and cure. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
- 11 U.S.C.
White, In re
Dec
22
2022
Ruling
Debtor's motion to modify the automatic stay denied as there was no evidence that the actionwas ready for trial or how granting it would benefit judicial economy. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
- 11 U.S.C.
Buhler, In re--Buhler v. Davis
Nov
23
2022
Ruling
Debtor could not assume installment land contract as it was no longer executory after debtorfailed to make the balloon payment on the maturity date. (Bankr. M.D. Tenn.)
Issue(s)
Executory Contracts and Unexpired Leases.
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