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District of tennessee

Bunch, In re--Milligan v. Parton

Ruling
Trustee was entitled to avoid any right that the defendant might have had in property byvirtue of any executed, but unrecorded, deed of trust and recover the property for the estate.(Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Consumer opinion summary, case decided on September 08, 2023 , LexisNexis #1123-041

Martin, In re

Ruling
Debtor was entitled to retain the entire amount of personal injury settlement proceeds absentobjection. (Bankr. W.D. Tenn.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on September 01, 2023 , LexisNexis #1123-010

Reynolds, In re--Reynolds v. Partners for Payment Relief DE IV, LLC

Ruling
Temporary restraining order preventing foreclosure on debtor’s home granted upon showingthat debtor had stable income and was consistently making Chapter 13 plan payments. (Bankr.W.D. Tenn.)
Issue(s)
Injunctions.

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Consumer opinion summary, case decided on September 01, 2023 , LexisNexis #1023-099

Cruz, In re--Cruz v. Allied Ventures, LLC

Ruling
Debtor was entitled to confirmation of his second amended Chapter 13 plan as it cured theprepetition default in payments owed to a particular creditor for the purchase of certain realty.(Bankr. W.D. Tenn.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on July 21, 2023 , LexisNexis #1023-071

Nelson, In re

Ruling
Chapter 7 debtors were not entitled to relief from a prior order lifting the stay as to a marinacreditor and the debtors' boat slip which had been abandoned by the trustee as havinginconsequential value. (Bankr. W.D. Tenn.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on July 19, 2023 , LexisNexis #0923-059

Thompson, In re

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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Consumer opinion summary, case decided on June 20, 2023 , LexisNexis #0823-051

Harang, In re

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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Consumer opinion summary, case decided on June 13, 2023 , LexisNexis #0823-031

Quinn, In re--Quinn v. R&R Cap. Inv. Grp., LLC

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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Commercial opinion summary, case decided on June 09, 2023 , LexisNexis #0823-004

Salas, In re--Brekelmans v. Salas

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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Consumer opinion summary, case decided on May 23, 2023 , LexisNexis #0723-061

Mayer, In re--Upper Cumberland Islamic Soc’y v. Mayer

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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Consumer opinion summary, case decided on March 30, 2023 , LexisNexis #0623-015