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Bankruptcy Court for the Western District of Tennessee Court Cases
In Re Rimmer (1992)
The debtor moved to surrender a 1986 Dodge Aries to the secured creditor, Dyersburg Employees Credit Union ("Credit Union"), and the substance of the debtor's motion is to modify her confirmed Chapter 13 plan pursuant to 11 U.S.C. § 1329(a) so as to satisfy the Credit Union's secured claim by the surrender and to reclassify the remainder of the Credit Union's deficiency claim as unsecured.
Court: Bankruptcy Court for the Western District of Tennessee Docket: 88-11562B
In Re Aldrich (2000)The parties' deemed motion for a judgment on the pleadings arises out of the above-captioned adversary proceeding filed by the plaintiff, Barbara R. Loevy, chapter 7 trustee of the estate of the above-named debtor, Walter J. Aldrich ("Mr.Aldrich"), against the defendant, Mary A. Aldrich, the non-filing spouse of Mr. Aldrich ("Mrs.Aldrich"). Plaintiff-trustee seeks a judicial determination that she, in her capacity as the statutory representative of this bankruptcy estate, is entitled to all [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 99-20333-K. Adversary No. 99-1040
In this adversary proceeding, the Trustee filed a complaint, now amended, against Ray and Brenda Maples, seeking to avoid certain transfers from the debtor to the Maples as fraudulent conveyances under 11 U.S.C. § 548. The issues raised in that complaint are core under 28 U.S.C. § 157(b)(2)(H). Beverly Poston was allowed to intervene in this adversary proceeding, and she filed a cross claim against the Maples, in which Beverly Poston asserted trust, fraud and conversion theories in an [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 89-22793-B. Adv. No. 91-0157
In Re Franklin (2000)In this case, the debtor used a deferred presentment service provider to obtain a cash advance in exchange for a personal check. At issue in the case is (1) whether or not the post-petition cashing of the check by the deferred presentment service provider falls within § 362(b)(11)'s exception to the automatic stay, and (2) whether or not the debtors can recover the money Kwik Cash received when the debtor's bank honored the check. The Court conducted a trial in this matter on October 5, 2000. [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 00-11805. Adversary No. 00-5222
In Re Cannon (1999)
On February 23, 1996, the Plaintiff in this matter, George W. Stevenson, in his capacity as Trustee for the Debtor, filed a Complaint for Money Damages and to Recover Fraudulent Transfers from the Defendants, J.C. Bradford & Co., J.C. Bradford Futures, Inc., and Charles Ross. The complaint contained eight (8) counts of wrong-doings which allegedly occurred while the debtor was engaged in commodities trading with the defendant:
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 94-21918, Adversary No. 96-0200
In Re Johnson (2006)The Court conducted a hearing on the debtor's "Motion to Extend the Automatic Stay" and National City Home Loan Services' opposition thereto on December 29, 2005. After listening to the testimony, the Court granted the debtor's motion in open court and asked the debtor's attorney to submit an order. The Court signed the order granting the motion on January 5, 2006. Due to the nature of the creditor's opposition to the motion, the Court feels compelled to enter this memorandum opinion clarifying [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: 05-15655
In Re Chess (2001)
MEMORANDUM AND ORDER RE FAIRBANKS CAPITAL CORPORATION'S "MOTION TO SET ASIDE ORDER AND REHEAR TRUSTEE'S MOTION FOR MORTGAGE COMPANY TO SHOW CAUSE THAT THE DEBTOR'S MORTGAGE IS CURRENT" COMBINED WITH NOTICE OF THE ENTRY THEREOF
Court: Bankruptcy Court for the Western District of Tennessee Docket: 96-25422-K
In Re Bray (2007)In the case at bar, the Bank of Gleason, ("The Bank"), filed an objection to confirmation of the debtor's chapter 13 plan on November 7, 2006. The Bank objected to the debtor's plan based on the debtor's proposed bifurcation of its claim. In her chapter 13 plan, the debtor, Pamela Joyce Bray, ("Bray" or "debtor"), proposed to pay the Bank (1) a secured claim of $10,250.00 at 8% interest with a monthly payment of $220.00 and (2) a general unsecured claim of $11,613.61. The Bank objected to this [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: 06-12148
In Re Julien Co. (1991)
This cause is before the Court on the parties' cross motions for summary judgment. At issue is whether it may be determined as a matter of law which of the parties has superior rights to the proceeds of the property at issue. The proceeding is core pursuant to 28 U.S.C. § 157(b)(2)(E). The following constitutes findings of fact and conclusions of law pursuant to Federal Rules of Bankruptcy Procedure ("F.R.B.P.") 7052 and 7056.
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 90-20283-B (mjn), Adv. No. 90-0275
In Re Hicks (1995)This matter is before the Court on a complaint filed by the Chapter 7 case Trustee, George Stevenson, to avoid a fraudulent conveyance pursuant to 11 U.S.C. § 544(b), to recover, for the benefit of the estate, the value of property that was allegedly transferred to the defendant, Marie Hodgson Hicks, pursuant to 11 U.S.C. § 550(a)(1), and for other equitable relief. In his amended complaint the case Trustee alleges that the debtor, Travis Hicks, transferred the proceeds of an insurance [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 91-11472. Adv. No. 92-0978
In Re Stewart (1991)
This core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I) challenges the dischargeability of a specific debt to the plaintiff under 11 U.S.C. §§ 523(a)(2)(A) and (a)(4). For purposes of this opinion, the Court will only consider § 523(a)(4), and the Court concludes that the subject debt in the principal amount of $25,000.00, plus interest, is excepted from discharge. The following constitutes findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052.
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 90-21856-B, Adv. No. 90-0180
In Re Armstrong (1996)The plaintiff, Teresa Dawn Hall, filed this complaint seeking to except from discharge a debt owed by the debtor, Terry Hall Armstrong. The plaintiff alleges that the defendant debtor is indebted to The Bank of Milan ("Bank") with respect to certain indebtedness for which the debtor was ordered to assume and hold the plaintiff harmless by virtue of a divorce decree entered on August 18, 1995. The plaintiff contends that the debt in question is in the nature of alimony, maintenance and support [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 96-10742, Adv. No. 96-5128
In Re Hall (1996)The Millington Housing Authority ("MHA") and the debtor, Eddie Faye Hall, entered into a dwelling lease agreement whereby MHA agreed to lease an apartment to the debtor. Prior to the filing of debtor's bankruptcy, debtor had become delinquent on her rent. As a result, MHA filed a claim and received a judgment for possession in Shelby County General Sessions Court. Upon filing bankruptcy, the debtor listed MHA as a priority creditor in her plan. Debtor subsequently became delinquent on her [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 96-25514
In Re 5877 Poplar, LP (2001)
MEMORANDUM AND ORDER RE MOTION TO TERMINATE THE AUTOMATIC STAY FILED BY LASALLE NATIONAL BANK AND DEBTOR'S MOTION TO USE CASH COLLATERAL COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF
Court: Bankruptcy Court for the Western District of Tennessee Docket: 01-31219-DSK
In Re QPS, Inc. (1989)
This core proceeding came on to be heard on May 22, 1989, upon the "Application To Sell Property Under § 363(b)" filed by Q.P.S., Inc., the above-named debtor continued in possession ("Debtor").
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 89-21127-K
The instant proceedings arise out of this Court's earlier Sua Sponte Order and Notice, pursuant to 11 U.S.C. §§ 1112(b) and 105(a), for the above-named debtors to appear and show cause why the above-entitled chapter 11 cases should not be dismissed or converted to the liquidating provisions of chapter 7 of the Bankruptcy Code.
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy Nos. 91-27955-D (rs) to 91-27960-D (rs)
In this Chapter 11 case, most of the assets of the debtor have been liquidated by prior sales. However, the debtor asserts that it wishes to reorganize by leasing certain real property known as the former International Harvester facility (hereinafter "Harvester"), and pursuant to that goal, the debtor filed a motion to assume its lease of the Harvester facility. The facility is owned by the City of Memphis, Tennessee (hereinafter the "City"), and the City has objected to the debtor's assumption [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 88-27271-B (sbb)
In Re Yarbrough (1997)The creditor, Parker's Auto Sales ("Parker's"), filed a motion to require the debtor to assume or reject a Consumer Rental-Purchase Agreement; a motion "to be deleted from debtor's bankruptcy petition"; and an objection to confirmation. Parker's contends that the agreement between the debtor and Parker's is a lease, thereby requiring the debtor to assume the terms of the lease for a 1987 Mercury Sable. The debtor contends that the agreement is a disguised security interest. Based on the [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 97-25357-L
In Re Yancey (2003)This adversary proceeding, a proposed class action filed by one chapter 13 debtor and her chapter 13 trustee, is before the Court on the Defendant's motion to dismiss the Plaintiffs' complaint for its failure to state a claim upon which relief can be granted. Fed. R. Bankr.P. 7012(b). This opinion contains the Court's conclusions of law, resulting in the Court's order dismissing the complaint without prejudice to the Plaintiffs filing a motion to reconsider the proof of claim filed by the [...]
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 00-27949whb. Adversary No. 03-0167
In Re Berryhill (1995)
This Chapter 7 case is before the Court on the motion of American General Finance, Inc. to dismiss or transfer the case "on grounds that the debtors reside in Horn Lake, Mississippi" and that the venue of this case in this district is improper. The debtors oppose the motion contending that because Mr. Berryhill is employed in Memphis, Tennessee, his principal business assets are, and were for 180 days preceding the filing, located in this district.
Court: Bankruptcy Court for the Western District of Tennessee Docket: Bankruptcy No. 95-22491-B