Skip to main content

Page Banner(Taxonomy)

judge whittenburg

Blankenship, In re

Ruling
Court declined to impose stay due to debtor's repeated noncompliance and bad faith filings. (Bankr. E.D. Tenn.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More Prior Cases.

ABI Membership is required to access the full summary of Blankenship, 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 01, 2025 , LexisNexis #0925-029

Wolfe, In re--Impact Images, Inc. v. Wolfe

Ruling
State court's findings of willful and malicious misappropriation of trade secrets had preclusive effect in nondischargeability proceeding. (Bankr. E D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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

Commercial opinion summary, case decided on May 21, 2025 , LexisNexis #0725-090

Teal, In re

Ruling
Presumption of prima facie validity of claims was rebutted by debtor's objections, shiftingburden of proof to the creditor at trial. (Bankr. E.D. Tenn.)
Issue(s)
Proof of Claim.

ABI Membership is required to access the full summary of Teal, 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 06, 2024 , LexisNexis #1024-043

Kelley, In re--Farinash v. Kelley

Ruling
Transfer of real property was avoidable as nothing in the record explained why the debtorschose to transfer the real property to a trust for the benefit of their children rather than dividethe real property among themselves. (Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of

ABI Membership is required to access the full summary of Kelley, In re--Farinash v. Kelley 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 25, 2024 , LexisNexis #0324-066

Teal Props., In re

Ruling
Relief from the automatic stay to permit the filing of suit in state court was denied asterminating the stay would be contrary to its central purpose. (Bankr. E.D. Tenn.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

ABI Membership is required to access the full summary of Teal Props., 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 September 20, 2023 , LexisNexis #1123-079

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

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

Chattanooga Mercantile, LLC, In re

Ruling
Lease to which debtor was not a party could not be assumed by the debtor. (Bankr. E.D.Tenn.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of Chattanooga Mercantile, 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 February 19, 2021 , LexisNexis #0321-079

CP Liquidation of Cleveland, Inc., In re

Ruling
Creditor's claim was fully secured as debtor's agent had authority to pledge assets and debtorratified the security interest afforded the creditor. (Bankr. E.D. Tenn.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.

ABI Membership is required to access the full summary of CP Liquidation of Cleveland, 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 September 04, 2020 , LexisNexis #1020-057

Davis, In re

Ruling
Motion to approve the compromise and settlement was denied where debtor did not have alegal or equitable interest in a product liability claim that became property of the bankruptcyestate upon the filing of her chapter 7 petition. (Bankr. E.D. Tenn.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Certain Postpetition Earnings.

ABI Membership is required to access the full summary of Davis, 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 27, 2018 , LexisNexis #0918-018