Bankruptcy Court for the Middle District of Tennessee Court Cases

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  1. In Re Edge (1986)

    The question presented is whether the victim of the debtors' (alleged) prepetition negligence has a "claim" in bankruptcy where discovery of the negligence occurred postpetition. I find that the plaintiff has a claim in these bankruptcy cases.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy Nos. 383-00637, 383-00618, Adv. No. 384-0359
  2. In Re Easley (1987)

    The holder of an unsecured claim declared nondischargeable in debtor's preconversion Chapter 7 case objects to confirmation of this composition Chapter 13 plan on grounds that the debtor has failed to commit all projected disposable income as required by 11 U.S.C. § 1325(b) and the plan has not been proposed in good faith as required by 11 U.S.C. § 1325(a)(3). The debtor has committed all projected disposable income and the plan is proposed in good faith. Confirmation will be denied because [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 385-01795
  3. In Re Jock (1989)

    The question presented is whether a Chapter 13 debtor can modify a confirmed plan to surrender a car to a secured claim holder and pay any deficiency as an unsecured claim. The debtor can amend to surrender the car. The debtor can pay the deficiency as an unsecured claim.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 388-00048
  4. In Re Del-Met Corp. (2005)

    Ten remaining Defendants[1] move to dismiss the First Amended Complaint filed by the Trustee in these consolidated adversary proceedings. The motions will be granted in part and denied in part as explained below.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy Nos. 01-13208-KM3-7, 01-13209-KML-3-7, Adversary No. 303-0873A
  5. In Re Hayes (2007)

    The issue in these consolidated Chapter 13 cases is whether CitiFinancial and GMAC hold purchase money security interests to which 11 U.S.C. § 506 "shall not apply" under the hanging sentence at the end of 11 U.S.C. § 1325(a). Because the conditions in the hanging sentence are collateral — specific and these creditors do not claim purchase money security interests in some items of their collateral, the protection from bifurcation in the hanging sentence is not available to portions of the [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: 07-02564, 07-03798
  6. In Re Tennessee Wheel & Rubber Co. (1986)

    Russell H. Hippe, Jr., Trabue, Sturdivant & Dewitt, Nashville, Tenn., for Knoll Intern., Inc. and Rose Coleman, in her personal capacity as independent personal representative of the Estate of Benjamin W. Colman, and as Special Attorneys for all defendants for the Purpose of this Motion.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 384-01237, Adv. Nos. 386-0038, 386-0063, 386-0061, 386-0105, 386-0106, 386-0108, 386-0113, 386-0117 to 386-0120, 386-0123, 386-0125 and 386-0126
  7. In Re Anderson (1993)

    The Debtors filed their Chapter 13 case on April 30, 1992. The Bank filed a motion for relief from the automatic stay on May 22, 1992 to enforce their lien against the Debtors' automobile. The Debtors' plan, confirmed on June 2, 1992, provided the Bank with a secured claim of $6,000 and unsecured creditors with a 20% dividend. On June 19, 1992, the Bank obtained relief from the stay for lack of proof of insurance. According to the statements of counsel at the hearing, the Bank has repossessed [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 392-03905
  8. In Re Pulaski Highway Exp., Inc. (1986)

    The issue presented is whether a multiemployer pension plan's withdrawal liability claim is entitled to administrative expense priority. On peculiar facts and for the reasons stated below, the withdrawal liability claim must be apportioned between pre- and post-petition liability. The post-petition portion of the claim, when ultimately fixed in amount, may be entitled to administrative expense priority, in whole or in part.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 382-00465
  9. In Re Mitchell (2007)

    This matter is before the court on confirmation of Gregory Riley Mitchell and Suzanne Savage Mitchell's (hereinafter "debtors") proposed chapter 13 plan. Family Advantage Federal Credit Union (hereinafter "FAFCU") filed an objection to the debtors' proposed cramdown of their "910 car" claim pursuant to 11 U.S.C. § 1325(a)'s hanging paragraph[1] and 11 U.S.C. § 506, and also based upon the plan's proposed interest rate. Henry E. Hildebrand III, the Standing Chapter 13 Trustee, filed a brief in [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: 07-02913
  10. In Re Monument Record Corp. (1987)

    At issue is the preclusive effect of a Chapter 11 debtor-in-possession's agreed order for relief from the stay in subsequent litigation between the Chapter 11 trustee and the original moving creditor. The trustee is precluded to relitigate issues decided in the prior order.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: 383-00747, 383-00766 and 383-00748, Adv. No. 386-0242
  11. In Re Twinton Properties Partnership (1983)

    This matter is before the court on the debtor's motion to reconsider this court's order of January 2, 1983, denying debtor's application to employ an attorney nunc pro tunc. On December 2, 1982 debtor's counsel filed an application to employ David F. Kunz, Esq. The application sought to employ Mr. Kunz and have his employment approved nunc pro tunc to August 27, 1981. This court ordered on January 2, 1983, that "the application of Twinton Properties Partnership to employ David F. Kunz is [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 281-02721
  12. In Re Arkell (1994)

    This motion for relief from the stay invites reconsideration of the question decided 11 years ago by Chief Judge Paine in In re Tucker, 35 B.R. 35 (Bankr.M.D.Tenn.1983)[1]; whether an undersecured car financier's interest in casualty insurance proceeds is limited by the confirmed Chapter 13 plan to the balance of its allowed secured claim. Tucker appropriately limits the lender to recovery of its allowed secured claim. The following are findings of fact and conclusions of law. Fed. R.Bankr.P. [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 91-09407-KL3-13
  13. In Re Aztec Co. (1989)

    This is a contested Chapter 11 confirmation. Because the amended plan discriminates unfairly against an impaired non-consenting class, confirmation is denied. The following constitute findings of fact and conclusions of law. Bankr.R. 7052.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 388-05495
  14. In Re Howell (1980)

    This matter is before the Court upon action by the Department of Labor, (hereinafter Department), for relief from the stay provisions of 11 U.S.C. § 362; for relief from order directing payment to the Trustee of monies to fund the Chapter 13 plan; and objection to confirmation of the proposed plan. The debtors have filed a motion to modify the Chapter 13 plan to change the classification of the claim of the Department from unsecured status to secured status with full payment of the claim [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 380-00072
  15. In Re Medley (1983)

    This matter is before the court on the debtors' objection to the trustee's administration of assets in this reopened bankruptcy estate and on the debtors' application to amend Schedule B-4 of their bankruptcy petition to claim as exempt a federal income tax refund in the amount of $1,346.00. Upon consideration of the evidence presented at the hearing, stipulations, briefs of the parties and the entire record, this court concludes that the debtors' objection to the trustee's administration of [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 381-03597
  16. In Re Carlton (1982)

    This adversary proceeding was initiated by the plaintiff Larry Gribble's complaint to have a debt representing a judgment obtained by him against the debtor Larry Washington Carlton in the Circuit Court of Rutherford County, Tennessee, declared non-dischargeable pursuant to 11 U.S.C. § 523(a)(4). At the hearing of this matter, the court allowed the plaintiff to amend his complaint to include 11 U.S.C. § 523(a)(6) as a second ground of objection to the dischargeability of the debt. After [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 381-01906, Adv. No. 381-0367
  17. In Re Byard (1985)

    The plaintiff asks that a state court default judgment against the debtor be given collateral estoppel effect in this dischargeability action under 11 U.S.C. § 523. His argument, based on the "full faith and credit" statute, 28 U.S.C. § 1738, is consistent with recent Supreme Court authority and is sustained.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 384-00810, Adv. No. 384-0267
  18. In Re Murray (1983)

    This matter is before the court on the trustee's complaint to avoid a preferential transfer. The trustee alleges that the debtors' transfer of a security interest in an automobile is an avoidable preference. Ford Motor Credit Company denies that the transfer was preferential maintaining that it was not made on account of an antecedent debt, and that the transfer was a "contemporaneous exchange" excepted from the trustee's avoiding powers. After review of the entire record and the applicable [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 382-00586, Adv. No. 382-0298
  19. In Re Four Star Music Co., Inc. (1979)

    On February 21 and 22, 1979, trial was held before this Court on plaintiff's Complaint to Modify the Stay imposed by this Court and to reclaim the copyrights, royalties and other interests in and derived from certain musical compositions known as the Four Star Music Catalog. The issues presented were three: (1) Whether the transaction between Pippin Way and First American Bank constituted a sale as defined by T.C.A. § 47-2-106; (2) whether Pippin Way purchased the Four Star Music Catalog at a [...]

    Court: Bankruptcy Court for the Middle District of Tennessee Docket: Bankruptcy No. 77-30484
  20. In Re Pen Holdings, Inc. (2004)

    Linda Knight, Gullett Sanford Robinson & Martin, Nashville, TN, for Conveyor Mfg. & Supply, Rish Equipment Co., Refab Co., Raocat Rubbert, Inc., Bill's Electronics, Inc., Camden Park, Inc., Baker Hughes Mining Tools, Inc., Highland Machinery Corp., J.H. Fletcher & Co., Keystone Mountaineer Power Systems, Inc., Cecil I. Walker Mfg. Co., Browning-Ferris Industries and Tema Systems, Inc.


    Court: Bankruptcy Court for the Middle District of Tennessee Docket: 302-00979. Adversary Nos. 304-0062 304-0081 304-0085 304-0087 304-0089 304-0093 304-0101 304-0102 304-0106 304-0107 304-0109 304-0111 304-0113 304-0145 304-0152 304-0163 304-0196 304-0200 304-0215 304-0216 304-0224 304-0230 304-0234

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