Skip to main content

Page Banner(Taxonomy)

District of tennessee

Fry, In re--Randolph v. Fry

Ruling
Denial of discharge denied where trustee failed to show that debtor's records were inadequateto establish his financial condition or business transactions at the time of the bankruptcypetition. (Bankr. W.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

ABI Membership is required to access the full summary of Fry, In re--Randolph v. Fry Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 26, 2022 , LexisNexis #0322-069

Smith, In re

Ruling
The commencement and continuation of state court action seeking to recover damagestraceable to debtor's breach of marital dissolution agreement violated the automatic stay as itwas an act to collect a pre-petition claim. (Bankr. E.D. Tenn.)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Smith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 19, 2021 , LexisNexis #0122-031

Hornback, In re--Hornback v. Polylok, Inc.

Ruling
Unsecured creditors were granted relief from stay to allow a federal district court to rule on amotion for injunctive relief the creditors had filed prior to commencement of the bankruptcycase. (B.A.P. 6th Cir.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Hornback, In re--Hornback v. Polylok, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 16, 2021 , LexisNexis #0122-032

K3D Prop. Servs., LLC, In re

Ruling
Proposed plan could not be confirmed as the debtor could not show that it met all the DowCorning factors including that it did not provide a mechanism to pay all of the class ofunsecured creditors. (Bankr. E.D. Tenn.)
Issue(s)
Confirmation of Plan.

ABI Membership is required to access the full summary of K3D Prop. Servs., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 12, 2021 , LexisNexis #0122-049

Neopharma, Inc., In re

Ruling
Law firm fees allowed as limited representation of an individual in forming a corporation didnot affect its disinterested status. (Bankr. E.D. Tenn.)
Issue(s)
Compensation of Officers.

ABI Membership is required to access the full summary of Neopharma, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 29, 2021 , LexisNexis #1221-078

Pritchard, In re--Jordan v. Pritchard

Ruling
Creditor sufficiently alleged post-petition transfer of property to a family member as groundsfor denial of discharge. (Bankr. E.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.

ABI Membership is required to access the full summary of Pritchard, In re--Jordan v. Pritchard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 30, 2021 , LexisNexis #1121-093

Tennial, In re--Tennial v. Rei Nation, LLC

Ruling
Complaint in turnover proceeding dismissed as the plaintiff lacks standing and defendantwas the owner of the property in question, which was sold at foreclosure. (Bankr. W.D. Tenn.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

ABI Membership is required to access the full summary of Tennial, In re--Tennial v. Rei Nation, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 13, 2021 , LexisNexis #1121-015

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

Ruling
Lessor’s attorney’s motion to dismiss action for violation of stay denied because he could notshow that the safe harbor for lessors applied. (Bankr. M.D. Tenn.)
Issue(s)
Automatic Stay; Exceptions; Enforcement of Judgment of Possession of Residential

ABI Membership is required to access the full summary of Connor, In re--Connor v. Prop. Fund 629, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 09, 2021 , LexisNexis #1021-080

Givens, In re--Fuller v. Givens

Ruling
Plaintiffs were not entitled to a determination of nondischargeability when they failed to meettheir burden to prove that debtor actually made any misrepresentation and possessed anyfraudulent intent when he stated that he carried insurance. (Bankr. E.D. Tenn.)

ABI Membership is required to access the full summary of Givens, In re--Fuller v. Givens Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 30, 2021 , LexisNexis #1021-059

Rigney, In re

Ruling
Creditor was not entitled to a determination that its claim was nondischargeable as debtorrationally believed that any sums owing for medical expenses had been paid by her insurerand there was insufficient proof that she had a culpable state of mind. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Rigney, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 27, 2021 , LexisNexis #1021-035