| Filed Date | | AdvNo | Debtor | Issue |
| 2/28/2023 | 15-21681 | 21-00042 | Ronald Keith Anderson and Carmen Webb Anderson | The Court considered whether summary judgment was proper in this case under Fed.R.Civ. P. 56 and Fed.R. Bankr. P. 7056 and determined that (1) the government is subject to estoppel, and (2) that quasi-estoppel applied to defeat the nondischargeability claim of the IRS. |
| 1/20/2023 | 15-21681 | 21-00042 | Ronald Keith Anderson and Carmen Webb Anderson | The Court considered whether the report of Realigned Plaintiffs' expert met the admissibility requirements of Federal Rule of Evidence 702. |
| 12/22/2022 | 22-24255 | | Willie Beatrice White | The Court considered whether the automatic stay would be terminated to allow a detainer action to proceed in state court when the title to the leased premises at issue was undetermined, and whether the Movant's testimony in support of the motion should be stricken based on allegations of perjury and fabrication of documents. |
| 11/7/2022 | 17-27183 | | Roy D. Sutherland and Helen J. Sutherland | The Court considered whether unclaimed funds available in the case were classified as the separate property of Debtor Roy Sutherland pursuant to the terms of the Debtors' divorce decree and pursuant to Tennessee Code Annotated section 36-4-121 regarding equitable division, distribution and assignment of marital property. |
| 9/30/2022 | 22-21889 | | Shanieka R. Williams | The issue was whether the creditor willfully violated the automatic stay pursuant to 362(k) and, if so, whether actual and/or punitive damages should be imposed. |
| 8/25/2022 | 22-21415 | | Aras Business Group, LLC | The Court considered whether the proposed sale of Debtor's real estate, outside the ordinary course of the Debtor's business, met the requirements of the sound business purpose test set forth by the Sixth Circuit. |
| 6/17/2022 | 21-22684 | | Vanessa Catherine Stephenson | The Court considered whether the IRS properly recorded a tax lien on Debtor's personal property pursuant to the filing requirements of 26 U.S.C. 6323(f) when there was no evidence that Debtor ever resided in the County where the IRS filed its lien. |
| 6/15/2022 | 20-20967 | 20-00094 | Jacob Braxton Herring | The Court considered whether the Complaint and other pleadings asserted a plausible cause of action under Code section 523(a)(4) and (a)(6) to warrant granting a default judgment in favor of Plaintiff, when Defendant failed to answer or otherwise defend the Complaint. |
| 5/4/2022 | 11-21571 | 21-00098 | Linda Elam | The Court, sua sponte, considered whether it had subject matter jurisdiction over the adversary proceeding under Fed. R. Bankr.P. 7012, considering whether the dispute between the parties over the validity of a mortgage assignment was a core or non-core proceeding under the facts and arguments presented. |
| 4/18/2022 | 21-21732 | | Rodney I. White | The issue was whether the claims filed by the Debtor on behalf of the Shelby County Trustee and City of Memphis taxing authorities should be deleted from the Administrative Order Allowing Claims, as the tax liabilities had been satisfied with the proceeds of a tax sale. |
| 3/8/2022 | 14-25856 | 15-00370 | Jeffrey Hines Farmer, Jr. | The Court considered whether the Plaintiffs presented sufficient grounds for reconsideration or relief from the Court's prior order as contemplated under Bankruptcy Rule 9023 or Rule 9024. |
| 2/8/2022 | 21-21598 | | Getwell Pharmacy of Tennessee, Inc. | The Court considered whether the Debtor's Amended Chapter 11 Subchapter V Plan met the requirements for a cramdown confirmation when an impaired class rejected the proposed Plan. 1191(b), 1129(a) |
| 12/17/2021 | 21-21429 | | Ronda Regena Moses | Applying Fed.R.Bankr.P. 3002.1(e), the Court considered whether the underlying note or deed of trust and applicable non-bankruptcy law provided for the payment of the mortgagee's fees claimed pursuant to Fed.R.Bankr.P. 3002.1(c). |
| 12/16/2021 | 20-24901 | | Darrel Keith Gibson | The issue is whether counsel's inability to secure a notary in order to timely file an affidavit constitutes excusable neglect under Fed. R. Bankr. P. 9006(b)(1). |
| 12/13/2021 | 14-25856 | 15-00370 | Jeffrey Hines Farmer, Jr. | The issue is whether the Plaintiffs carried their burden of proof to establish that the Debtor's actions met the requirements needed to deny the Chapter 7 discharge under Bankruptcy Code section 727(a)(3) - (5). |
| 11/19/2021 | 20-22880 | 20-00131 | Carnita Faye Atwater | The issue is whether the Defendant's repeated failures to comply with Plaintiff's discovery requests are so egregious as to warrant sanction in the form of a default judgment. |
| 10/15/2021 | 19-27543 | 20-00058 | James Banks and Elaine Howell-Banks | The Court considered whether a survey/study conducted by Defendant was sufficiently related to the Debtors' property or financial affairs so as to require turnover of the data pursuant to Bankruptcy Code section 542(e). |
| 9/22/2021 | 20-24901 | | Darrel Keith Gibson | The issue is whether the creditor's claims should be disallowed under Bankruptcy Code section 502(b), and sanctions awarded under FRBP 3001(c)(2)(D), when the creditor failed to submit documentation in support of its claims. |
| 8/31/2021 | 19-27543 | 20-00058 | James Banks and Elaine Howell-Banks | The Court considered whether the Plaintiffs sufficiently alleged facts to trigger applicability of the Tennessee Consumer Protection Act, and whether attorneys engaged in the practice of law are subject to the Act's provisions. |
| 8/13/2021 | 20-22880 | 20-00131 | Carnita Faye Atwater | The issue was whether sanctions were warranted for failure to adequately comply with discovery requests. |
| 7/20/2021 | 20-24484 | | EAS Graceland | The Court first examined whether the Chapter 11 plan met the requirements of 11 U.S.C. 1129(a) and then considered confirmation requirements under 11 U.S.C. 1191(b) and "cramdown," focusing on the Till rate of interest, feasibility, and appropriate remedies in the event of default. |
| 7/8/2021 | 20-22880 | 20-00131 | Carnita Faye Atwater | The issue is whether the attorney's fees and expenses requested as discovery sanctions pursuant to Fed.R.Bankr. P. 7037 are reasonable. |
| 7/2/2021 | 20-25503 | | James Henry Kennedy, Jr. and Polly Deane Kennedy | The issue is whether the car creditor's Chapter 13 claim could be deemed secured when the creditor's lien was perfected postpetition. The Court considered T.C.A. 55-3-126 and 11 U.S.C. 362(a)(4). |
| 4/30/2021 | 20-22880 | 20-00131 | Carnita Faye Atwater | The Court examined whether, under Tennessee law, a state court judgment was final for issue preclusive purposes when an appeal was pending in the state court action. |
| 4/30/2021 | 20-24352 | | Clear the Way Supportive Housing Corp. | The Court examined the reasonableness of attorney's fees under Bankruptcy Code section 330(a)(1), 330 (a)(3), and the factors set forth in Boddy v. United States Bankruptcy Ct., Western Dist. of Kentucky (In re Boddy), 950 F.2d 334 (6th Cir. 1991). |
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