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eastern district of tennessee

Walker, In re

Ruling
Confirmation of Chapter 13 plan filed by frequent debtor denied due to repetition conductincluding concealment and misrepresentation. (Bankr. E.D. Tenn.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on April 02, 2020 , LexisNexis #0520-069

Yeary, In re

Ruling
Grant funds debtor received from SBA's Economic Injury Disaster Loan program wereproperty of the estate as debtor's entitlement to the funds existed pre-petition. (Bankr. E.D.Tenn.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on March 02, 2020 , LexisNexis #0222-087

Via, In re

Ruling
Debtor was barred from filing bankruptcy for five years as he failed to abide by the orders ofthe court and intentionally and willfully failures to appear and prosecute any of his Chapter13 cases. (Bankr. E.D. Tenn.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on February 27, 2020 , LexisNexis #0420-027

Conley v. Conley

Ruling
Defendant's summary judgment motion in nondischargeability proceeding granted wherecreditor could not prove that debtor made any false representations upon which creditorjustifiably relied. (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 February 05, 2020 , LexisNexis #0320-065

Layman, In re

Ruling
Motion to dismiss granted where debtors' first Chapter 11 case was still pending and theircurrent case was filed in bad faith. (Bankr. E.D. Tenn.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Consumer opinion summary, case decided on December 11, 2019 , LexisNexis #0120-065

Poole, In re

Ruling
Chapter 13 debtors are allowed to modify the terms of notes that are wholly unsecured. (Bankr.E.D. Tenn.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1219-021

Piercy, In re--Long v. Piercy

Ruling
Summary judgment granted for debtors where creditor could not satisfy the fraud elementrequired to maintain any action under 11 U.S.C. § 523(a)(4). (Bankr. E.D. Tenn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on August 20, 2019 , LexisNexis #1019-060

Hanson, In re

Ruling
Debtor's were entitled to transfer their case back to the original bankruptcy court as it was inthe best interest of justice for the original bankruptcy court to interpret its own confirmationorder. (Bankr. E.D. Tenn.)
Issue(s)
Change of Venue.

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Consumer opinion summary, case decided on July 24, 2019 , LexisNexis #0919-046

River City Resort, In re

Ruling
Court denied creditor's request for permissive abstention as interpretation and enforcement ofa bankruptcy court order entered in a core proceeding was a core proceeding. (Bankr. E.D.Tenn.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.

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Commercial opinion summary, case decided on May 17, 2019 , LexisNexis #0819-050

Hanson, In re

Ruling
Debtors' motion for modification of their confirmed chapter 11 plan denied where proposed modification was improper because it altered the value provided for secured creditors under the confirmed plan. (Bankr. E.D. Tenn.)
Issue(s)
Modification of Plan; Where Debtor is an Individual.

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Consumer opinion summary, case decided on September 26, 2018 , LexisNexis #1118-054