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District of tennessee

Followell v. United States (In re Gurley)

Nov
07
2005
Ruling
Confirmation of debtor's plan did not discharge debtor's tax liability since it is a debt excepted from discharge.
Procedural posture

The debtor underwent a bankruptcy in a Chapter 11 proceeding. After the debtor's death, plaintiff personal representative reopened the debtor's case and sued defendant, the U.S. government, by its agency, the Internal Revenue Service (IRS), to determine liability for interest and penalties on taxes from before the bankruptcy filing. The parties filed cross-motions for summary judgment.

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opinion summary, case decided on November 07, 2005 , LexisNexis #0106-012
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Farmer v. Green Tree Serv. LLC (In re Snelson)

Sep
13
2005
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.
Procedural posture

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, 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.

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opinion summary, case decided on September 13, 2005 , LexisNexis #0206-013
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In re Jenkins

Aug
16
2005
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.
Procedural posture

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.

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opinion summary, case decided on August 16, 2005 , LexisNexis #0106-084
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Mostoller v. CitiCapital Commer. Corp. (In re Stetson & Assocs.)

Aug
03
2005
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.
Procedural posture

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.

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opinion summary, case decided on August 03, 2005 , LexisNexis #0206-014
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Chattanooga Agric. Credit Assoc. v. Davis (In re Davis)

Aug
02
2005
Ruling
Consent decree was not valid for nondischargeability determination and creditor's untimely delay in filing adversary proceeding led to dismissal.
Procedural posture

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), the creditor acknowledged the untimeliness but asserted equitable estoppel and equitable tolling.

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opinion summary, case decided on August 02, 2005 , LexisNexis #0106-104
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