Skip to main content

Page Banner(Taxonomy)

District of tennessee

Patterson, In re--Believe Prod. Inc. v. Patterson

Ruling
Creditor established a plausible claim for nondischargeability by pleading that debtor knewthe sales proceeds that he generated belonged to the creditor but chose to conceal that the salesoccurred. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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

Commercial opinion summary, case decided on August 22, 2022 , LexisNexis #1022-028

Cunningham, In re--Newton v. Cunningham

Ruling
Debtor's discharge revoked as he knowingly and fraudulently failed to disclose the sale ofproperty and a bank account and made intentional and fraudulent misstatements concerningthe amount of proceeds received from the sale. (Bankr. E.D. Tenn.)
Issue(s)
Duties of Trustee; Included Duties.

ABI Membership is required to access the full summary of Cunningham, In re--Newton v. Cunningham 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 18, 2022 , LexisNexis #1022-035

Taylor, In re--Ferguson v. Taylor

Ruling
Transfer held fraudulent as after consulting an attorney the debtor told the transferee heneeded to put the properties in her name to protect them during the case. (Bankr. W.D. Ark.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

ABI Membership is required to access the full summary of Taylor, In re--Ferguson v. Taylor 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 15, 2022 , LexisNexis #1022-033

Hines, In re

Ruling
Debtor's Chapter 13 case dismissed as debtor acted in bad faith when he created a falsifiedorder and presented that fabricated order to a prospective lender to obtain credit. (Bankr.W.D. Tenn.)
Issue(s)
Conversion or Dismissal; For Cause.

ABI Membership is required to access the full summary of Hines, 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 July 12, 2022 , LexisNexis #0922-018

Cable, In re

Ruling
Court converted debtor's contested matter seeking relief from foreclosure to an adversaryproceeding. (Bankr. E.D. Tenn.)
Issue(s)
Scope of Rules of Part VII.

ABI Membership is required to access the full summary of Cable, 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 July 12, 2022 , LexisNexis #0922-024

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

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

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.

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

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

ABI Membership is required to access the full summary of Culberson, In re--Culberson v. Nationstar Mortgage, 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 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.

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 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.

ABI Membership is required to access the full summary of Murray Energy Holdings Co., In re 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
Commercial opinion summary, case decided on June 03, 2022 , LexisNexis #0922-050