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District of tennessee

River City Resort, Inc., In re--Farinash v. Henry

Ruling
There was no clear error in the court's approval of a settlement as the unsecured creditor'sright to pursue his claim was preempted after the avoidance of a creditor's lien. (Bankr. E.D.Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Commercial opinion summary, case decided on July 05, 2022 , LexisNexis #0822-093

Herring, In re--Pace Fin., LLC v. Herring

Ruling
Creditor was not entitled to a default judgment against debtor in nondischargeabilityproceeding where creditor’s allegations were not plausible. (Bankr. W.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on June 14, 2022 , LexisNexis #0822-006

Culberson, In re--Culberson v. Nationstar Mortgage, LLC

Ruling
Debtors' tort misrepresentation claims were not related to cases under Title 11 since a recoverywould not have any effect on the estate, which had been fully administered. (Bankr. E.D. Tenn.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In

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Consumer opinion summary, case decided on June 10, 2022 , LexisNexis #0822-025

Connor, In re--Connor v. Prop. Fund 629, LLC

Ruling
Debtor's trespass claim was dismissed because it was undisputed that the creditor’s attorneydid not personally enter debtor's property. (Bankr. M.D. Tenn.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on June 06, 2022 , LexisNexis #0722-078

Murray Energy Holdings Co., In re

Ruling
Bankruptcy court did not abuse its discretion in denying the motion for reconsideration as thecreditor did nothing more than rehash its prior arguments, this time with the aid of anaffidavit that it could have obtained before the hearing. (B.A.P. 6th Cir.)
Issue(s)
Appeal as of Right—How Taken; Docketing the Appeal.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 03, 2022 , LexisNexis #0922-050

Elam, In re--Elam v. Nationstar Mortg., LLC

Ruling
Bankruptcy court lacked subject matter jurisdiction over adversary proceeding as the trusteehad abandoned the underlying real property and the debtor had received her discharge andthe underlying case was closed for more than nine years. (Bankr. W.D. Tenn.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Determination by

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Consumer opinion summary, case decided on May 04, 2022 , LexisNexis #0722-024

Curtis, In re--Hurst v. Curtis

Ruling
Agreed order was unambiguous as it was limited to arranging for partial payment ofplaintiffs' claim through defendants' plan but without the discharge of the balance thatnormally would have occurred at the end of the first case. (Bankr. E.D. Tenn.)
Issue(s)
Filing and Allowance of Post-petition Claims; Applicability of Section 502.

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Consumer opinion summary, case decided on May 04, 2022 , LexisNexis #0722-021

River City Resort, Inc., In re--Henry v. Est. of Casey

Ruling
Trustee's motion was granted with respect to the preservation of a lien for the benefit of theestate. (Bankr. E.D. Tenn.)
Issue(s)
Automatic Preservation of Avoided Transfer.

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Commercial opinion summary, case decided on March 31, 2022 , LexisNexis #0522-090

Harrison, In re--Hadley v. Harrison

Ruling
Debt was nondischargeable where debtor directed his employees to pack and moveeverything that was not attached to the floor or wall and to take everything that was not bolteddown. (B.A.P. 6th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 28, 2022 , LexisNexis #0422-063

Getwell Pharm. of Tenn., Inc., In re

Ruling
Debtor was entitled to confirmation of its amended Subchapter V plan of reorganization asit complied with the applicable provisions of § 1129 where it filed the plan in good faith.(Bankr. W.D. Tenn.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on February 08, 2022 , LexisNexis #0422-021