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Tennessee

Garibay, In re--Selective Ins. Co. of Am. v. Garibay

Ruling: 
Entry of default judgment appropriate because of debtor's willful and repeated refusal to engage timely in discovery. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on June 19,2017, LexisNexis #0717-118

Newman, In re

Ruling: 
Landlord did not possess a valid claim against the co-debtor spouse of a bankruptcy debtoras he had no "right to payment." (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on June 14,2017, LexisNexis #0717-061

Reed, In re

Ruling: 
Plan could not be confirmed as a mortgage company's secured interest in debtor's mobilehome could not be crammed down as the home was planned to be used as a home for mentallychallenged adults. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 15,2017, LexisNexis #0617-081

Fryar, In re

Ruling: 
Proposed settlement which was a sub rosa plan or a precursor for a conversion or dismissal which ignored the Bankruptcy Code's priority scheme denied. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 25,2017, LexisNexis #0517-150

Crisp, In re--Synovus Bank v. Crisp

Ruling: 
Creditor failed to show that debt was nondischargeable as it failed to show that it reasonably relied on the debtor's misrepresentation and that the debtor had an intent to deceive. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 25,2017, LexisNexis #0517-130

Smith, In re--Allen v. Smith

Ruling: 
Creditor's claim deemed nondischargeable as the creditor justifiably relied on debtor's statements on how his investments would be used and debtor instead deposited the money into his own account immediately upon receipt. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on April 18,2017, LexisNexis #0517-096

Walker, In re--Paris v. Walker

Ruling: 
Trustee's motion for summary judgment on his claim for consolidation denied as there were issues of fact concerning the debtors' intent in transferring over a dozen houses to their daughter. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on April 03,2017, LexisNexis #0517-052

Peterson, In re

Ruling: 
Trustee's application for payment of fees and costs that her law firm billed was reduced as the fees sought payment for work done prior to court's approval of trustee's application to employ her firm. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on April 07,2017, LexisNexis #0517-032

Smith, In re--Smith v. JP Morgan Chase Bank, N.A.

Ruling: 
Defendant's motion to dismiss adversary proceeding was granted as plaintiff did not properly seek relief for any violation of the discharge injunction. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on March 09,2017, LexisNexis #0417-036

Poole, In re

Ruling: 
Creditor's objection to confirmation of the debtors' chapter 13 plan denied because creditorholds multiple claims, two of which are wholly unsecured and therefore subject tomodification. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-028

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