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eastern district of tennessee

Bunch, In re--Milligan v. Parton

Ruling
Trustee was entitled to avoid any right that the defendant might have had in property byvirtue of any executed, but unrecorded, deed of trust and recover the property for the estate.(Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Consumer opinion summary, case decided on September 08, 2023 , LexisNexis #1123-041

Mayer, In re--Upper Cumberland Islamic Soc’y v. Mayer

Ruling
Debtor was denied a discharge as he did not maintain adequate material records and debtor's testimony concerning his records and bank accounts was inconsistent and not credible. (Bankr. E.D. Tenn.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Consumer opinion summary, case decided on March 30, 2023 , LexisNexis #0623-015

Judzewitsch, In re--Bailey v. Judzewitsch

Ruling
Indemnification obligation owed to debtor's former spouse was nondischargeable as a new debt incurred as part of the divorce decree. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce or Separation.

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Consumer opinion summary, case decided on March 29, 2023 , LexisNexis #0523-063

Piercy, In re--Long v. Piercy

Ruling
Nondischargeability complaint was subject to dismissal as debtors did not possess the requisite wrongful intent for either embezzlement or fiduciary defalcation. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on February 24, 2023 , LexisNexis #0423-060

River City Resort, Inc., In re

Ruling
Fees and expenses requested by trustee's counsel were approved as they were in large part,reasonable and met the requirements of § 330(a)(3) and (a)(4). (Bankr. E.D. Tenn.)
Issue(s)
Compensation of Officers; Determination of Amount; Factors to Be Considered.

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Commercial opinion summary, case decided on September 30, 2022 , LexisNexis #1222-030

Santos, In re--Rannick v. Santos

Ruling
Debt was nondischargeable as the debtor admitted that the domestic support orderdefinitively satisfied the relevant Bankruptcy Code requirements. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on September 26, 2022 , LexisNexis #1222-012

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.

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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.

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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

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Consumer opinion summary, case decided on August 15, 2022 , LexisNexis #1022-033

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.

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Consumer opinion summary, case decided on July 12, 2022 , LexisNexis #0922-024