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eastern district of tennessee

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.)

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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.

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

Moore, In re

Ruling
Debtor's application to employ accountant as of petition date approved. (Bankr. W.D. Ark.)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on August 25, 2021 , LexisNexis #1021-027

In re Newton v. McGhee-Rosenbrugh (In re McGhee)

Ruling
Transfers made by debtor to insider while insolvent on account of antecedent debt within theyear before she filed for bankruptcy were avoidable. (Bankr. E.D. Tenn.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on June 24, 2021 , LexisNexis #0821-038

K&L Trailer Leasing, Inc. v. Fellhoelter

Ruling
Bank continued to hold perfected security interest subsequent to transfer of collateral byChapter 11 trustee. (Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and

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Commercial opinion summary, case decided on May 19, 2021 , LexisNexis #0721-040

Sexton, In re--Mostoller v. Sexton

Ruling
Pre-petition transfer from the debtor was not avoided as he received reasonably equivalentvalue. (Bankr. E.D. Tenn.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on April 05, 2021 , LexisNexis #0521-091

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.

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Commercial opinion summary, case decided on February 19, 2021 , LexisNexis #0321-079

Kinney, In re--Milligan v. Valdes

Ruling
Property became property of the estate subject to the trustee's strong-arm avoidance powers asdefendant's quit claim deed was not recorded as of the petition date. (Bankr. E.D. Tenn.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Consumer opinion summary, case decided on October 01, 2020 , LexisNexis #1120-067

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.

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Commercial opinion summary, case decided on September 04, 2020 , LexisNexis #1020-057

Nikirk, In re--Kapitus Servicing, Inc. v. Nikirk

Ruling
Debt was nondischargeable as debtor acted fraudulently to induce plaintiff to remain at thepain management and chiropractic clinic with no intent to follow through with thatagreement. (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on April 03, 2020 , LexisNexis #0520-086