Tennessee

Farmer v. Green Tree Serv. LLC (In re Snelson)

Plaintiff, a chapter 7 trustee in bankruptcy, filed an adversary complaint seeking to avoid a lien on the debtor's mobile home held by defendant creditor, pursuant to 11 U.S.C. § 544, and to recover the value of the mobile home for the benefit of the debtor's estate under 11 U.S.C. § 551. The trustee claimed the lien was avoidable due to a clerical error in the description of the collateral. Both parties moved for summary judgment.
Ruling: 
Trustee could not avoid creditor's lien since the creditor's security interest was perfected despite a clerical error in the description of the collateral.
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In re Jenkins

Moving creditor sought to reopen a bankruptcy case to permit filing a motion to modify or amend the order of discharge and for relief from the discharge injunction, so the creditor could bring a claim against the debtor for the unauthorized use and conversion of the creditor's house boat in the Circuit Court for Knox County, Tennessee.
Ruling: 
Creditor was denied motion to reopen bankruptcy case but only because the creditor was not listed as a creditor and could pursue a separate nondischargeability proceeding regarding damages claim at any time.
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Mostoller v. CitiCapital Commer. Corp. (In re Stetson & Assocs.)

Plaintiff chapter 7 trustee brought an adversary complaint to avoid several liens against personal property of the debtor that were held by defendant creditor pursuant to financing statements filed pursuant to Tenn. Code Ann. § 47-9-101 et seq. (Article 9 of the Uniform Commercial Code.) The creditor moved for relief from the automatic stay and for abandonment by the trustee of the bankruptcy estate's interest in the collateral.
Ruling: 
Trustee could not avoid a creditor's lien and did not have priority over the creditor's interests since the creditor's interests were perfected at the time of filing.
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Chattanooga Agric. Credit Assoc. v. Davis (In re Davis)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a declaration that a debt owed to the creditor by the debtor was not dischargeable. The debtor moved to dismiss the complaint as untimely filed under Fed. R. Bankr. P. 4007(c), and the creditor acknowledged the untimeliness but asserted equitable estoppel and equitable tolling.
Ruling: 
Consent decree was not valid for nondischargeability determination and creditor's untimely delay in filing adversary proceeding led to dismissal.
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