Bankruptcy Court for the Eastern District of Tennessee Court Cases

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  1. In Re Ezell (2006)

    Hodges, Doughty & Carson, Thomas H. Dickenson, Esq., Knoxville, TN, for Amicus Curiae Intervenors, Knoxville TVA Employees Credit Union, Y-12 Federal Credit Union, Tennessee Members 1st Federal Credit Union, Holston Methodist Federal Credit Union, Citizens National Bank, Bank of Tennessee, ORNL Federal Credit Union, and TNBank.


    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: 05-38219
  2. In Re Best Reception Systems, Inc. (1998)

    Memory & Gilliland, L.L.C., Von G. Memory, Montgomery, AL, Jenkins & Jenkins, Michael H. Fitzpatrick, Knoxville, TN, for Plaintiffs in Adversary Proceeding Nos. 97-3135, 97-3136, 97-3146, 97-3150, 97-3151, 97-3153, and 97-3165.


    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 97-31372, Adversary Nos. 97-3051, 97-3106 to 97-3109, 97-3113, 97-3123, 97-3132, 97-3170, 97-3178, 97-3181, 97-3199, 97-3144 to 97-3166, 97-3168, 97-3182, 97-3202, 97-3210 to 97-3212, 97-3232, 97-3241, 97-3252, 98-3006 to 98-3008, 97-3111,
  3. In Re Kemmer (2004)

    Before the court are the following nine (9) objections to claims filed by the Debtors on May 14, 2004:(1) Objection to the Claim of Fleet Bank (RI) NA and its Assigns by eCast Settlement Corporation; (2) Objection to the Claim of Discover Bank; (3) Objection to the Claim of Chase Manhattan Bank USA, by eCast Settlement Corporation; (4) Objection to the Claim of Sherman Acquisition, LP/Resurgent Capital Services; (5) Objection to the Claim of Bank One Delaware, N.A. f.k.a. First USA; (6) [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: 03-34535
  4. In Re Sims (2002)

    Richard L. Banks, Richard L. Banks & Associates, Cleveland, TN, Timothy E. Eble, Timothy E. Eble, P.A., Mount Pleasant, SC, S.C. Middlebrooks, Kimberly J. Calametti, Gardner, Middlebrooks, Fleming, Gibbons & Kittrell, Mobile, AL, Sam Heldman, Hilary Ball, Gardner, Middlebrooks, Fleming, Gibbons & Kittrell, Washington, DC, for Plaintiffs.


    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy Nos. 00-20967, 97-21272, 99-22276, 00-21323. Adversary No. 00-2048
  5. In Re Krystal Co. (1996)

    This case is before the court upon the Amended and Restated Motion for Authority to Pay Certain Taxes filed by the Krystal Company, the debtor in this Chapter 11 case. The motion seeks permission of the court to pay in due course the real estate taxes that Krystal is obligated to pay under the terms of the numerous and various nonresidential real property leases to which it is a party. The issue to be decided is whether the taxes constitute "obligations" within the meaning of § 365(d)(3) of [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 95-15306
  6. In Re Brown (1995)

    This case is before the court on the trustee's objections to the exemptions claimed by the debtor and on the debtor's motion to strike the trustee's objections for untimeliness. After considering the briefs of the parties, the evidence presented at a hearing, and the argument of counsel, the court is of the opinion that the debtor's motion to strike objections should be granted.


    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 93-13786
  7. In Re Copeland (2003)

    This adversary proceeding is before the court upon the Complaint filed by the Plaintiffs, Kevin C. Haney and Marilyn Sue Melhorn, on April 30, 2002, seeking a determination that damages incurred by the Plaintiffs stemming from the sale of a business from the Debtor and her husband to the Plaintiffs are nondischargeable under 11 U.S.C.A. ž 523(a)(2)(A) (West 1993).


    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 02-30516. Adversary No. 02-3060
  8. In Re Sumerell (1996)

    This case is presently before the court upon the objection filed by Wachovia Bank of South Carolina ("Wachovia") to the debtors' claim of exemptions in certain personal property owned by them. Wachovia alleges that the exemptions should be denied because the debtors have substantially undervalued their property and have acted in bad faith by their prepetition transfers of certain assets and their failure to list these assets in their schedules. For the reasons set forth below, the court will [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 95-20727
  9. In Re Timbs (1994)

    This case came before the court for hearing on May 17, 1994, upon the debtors' motion filed April 20, 1994, requesting an order finding that attorney David Lufkin "has willfully violated the automatic stay of 11 U.S.C. § 362(a), thereby committing civil contempt." This is a core proceeding. 28 U.S.C. § 157(b)(1) and (b)(2)(O). See In re Depew, 51 B.R. 1010, 1014 (Bankr.E.D.Tenn.1985).


    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 93-35222
  10. In Re Spurgeon (2007)

    The chapter 13 trustee has objected to confirmation of Mr. Spurgeon's proposed chapter 13 plan on the ground that it does not satisfy the disposable income test. The trustee contends the plan does not require Mr. Spurgeon to use all his projected disposable income for payments under the plan. 11 U.S.C. § 1325(b)(1). Mr. Spurgeon calculated disposable income by deducting installment payments on a secured debt to Green Tree Servicing for the 60 months after the filing of his chapter 13 case. Mr. [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: 07-10462
  11. In Re Pendlebury (1988)

    The debtors in these four Chapter 7 cases each filed a motion requesting an order striking a provision in a proposed reaffirmation agreement with Leader Federal Savings and Loan Association (Leader Federal). The reaffirmation agreements at issue purport to make the respective debtors, individually or jointly, as the case may be, responsible for the payment of attorney's fees in the amount of $250.00.[1] By the execution of reaffirmation agreements, the debtors desire to retain possession of [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy Nos. 3-88-01528, 3-88-01544, 3-88-01861 and 3-88-02044
  12. In Re French (2009)

    This adversary proceeding is before the court upon the Complaint Seeking Injunctive Relief, Damages, Disallowance of Claim and Other Relief in a Core Adversary Proceeding (Complaint) filed by the Plaintiff on November 14, 2008, asking the court to (1) disable public access to the proof of claim filed by the Defendant in the Plaintiff's bankruptcy case; (2) find the Defendant in civil contempt for filing a proof of claim without redacting certain privacy protected information of the Plaintiff; [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 08-34530. Adversary No. 08-3166
  13. In Re Medlin (1996)

    The Debtors, Charles William Medlin and Kelly Black Medlin, filed a voluntary Chapter 7 petition in this court on April 11, 1996. The Plaintiff, Chapter 7 Trustee Mary C. Walker, commenced this adversary proceeding on July 15, 1996, with the filing of a Complaint to Avoid Interest (Complaint). On July 25, 1996, the Trustee filed an Amended Complaint adding a second count to her Complaint.[1] By her Complaint, the Trustee seeks to avoid the Debtors' transfer of property under a June 26, 1990 [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 96-31375, Adv. No. 96-3171
  14. In Re Skeen (2000)

    This chapter 7 case came before the court for hearing on February 22, 2000, upon the debtors' motion to determine whether City Finance Company has willfully violated the automatic stay provisions of the Bankruptcy Code and City Finance's response to the motion. The court having determined that the violation was not willful and that the debtors suffered no injury as a result of the violation, the motion will be denied. This is a core proceeding. See 28 U.S.C. § 157(b)(2)(O).


    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: 99-22891
  15. In Re Crosscreek Apartments, Ltd. (1997)

    This single asset case presents competing chapter 11 plans, one of reorganization proposed by two general partners of the debtor, Walter F. Trent and Lynwood G. Willis (collectively, the "Partners"), and the other, a liquidation plan, proposed by Condor One, Inc. ("Condor"), the debtor's only secured creditor. Pursuant to orders entered March 4, 1997, a confirmation hearing was held on May 22, 1997, upon Condor's third amended plan and the Partners' third amended plan, both filed on February [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 96-20170
  16. In Re Grant (2007)

    Before the court is the Chapter 13 Trustee Objection to Confirmation (Objection to Confirmation) filed by the Chapter 13 Trustee in both of these bankruptcy cases by which she opposes confirmation on the grounds that the Debtors do not propose to pay all of their disposable income into their respective plans for the required "applicable commitment period." 11 U.S.C. § 1325(b)(4) (2006). As set forth in the Supplemental Joint Statement of Issues and Supplemental Joint Stipulation of Facts filed [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: 06-32299, 06-32318
  17. In Re Printup (2001)

    On December 21, 2000, the Debtor filed a Motion for Sanctions against Bank One and/or Valley National Financial Service Company, Inc. (Valley National)[1] seeking damages, sanctions, and the return of a 1997 Chrysler LHS (and personal property contained therein) allegedly repossessed in violation of the automatic stay of 11 U.S.C.A. § 362 (West 1993 & Supp.2000). An Amended Motion for Sanctions adding Stewart Investigations & Recovery, Inc. (Stewart) as a respondent was filed by the [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: 00-33898
  18. In Re Minor (1995)

    The court, for the purpose of resolving common legal issues, has consolidated two objections filed by the Chapter 13 Trustee, one in the joint case of the debtors Kevin S. Minor and Angela D. Minor, and the other in the individual case of Martin Blaine Mills. In both cases, the Trustee objects to exemptions claimed in lump sum awards of workers' compensation benefits.


    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy Nos. 94-32069, 94-32796
  19. In Re Heil (2003)

    This adversary proceeding is before the court upon the Complaint to Revoke and Deny Discharge of Debtor Under 11 U.S.C. § 727 on the Ground of Fraud (Complaint) filed by the Plaintiff, Buckeye Retirement Company, LLC (Buckeye), as successor in interest to the Cadle Company, on July 1, 2002. By its Complaint, the Plaintiff seeks the revocation of the Debtor's discharge pursuant to either 11 U.S.C.A. § 727(d)(1) or (2) (West 1993). The trial was held on January 15, 2003. The record before the [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 02-31194, Adversary No. 02-3116
  20. In Re Morristown Lincoln-Mercury, Inc. (1984)

    Section 542 of the Bankruptcy Code, 11 U.S.C.A. § 542 (1979), generally requires anyone holding property of the estate to deliver such property to the trustee. In this adversary proceeding the plaintiff trustee seeks an order requiring the defendant Hamilton Bank of Morristown (Bank) to turn over all funds on deposit in a dealer reserve account, to wit, $43,343.05, together with interest. The defendant Bank denies the trustee is entitled to a turnover order and asserts, by counterclaim, that [...]

    Court: Bankruptcy Court for the Eastern District of Tennessee Docket: Bankruptcy No. 3-81-01889, Adv. No. 3-83-0886

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