MEMORANDUM OPINION Marian F. Harrison , US Bankruptcy Judge . Susan R. Limor, Trustee for the above-captioned estate, ("Trustee") filed the above-styled adversary complaint seeking to avoid fraudulent transfers and to recover the value of such transfers. A summary judgment motion was filed by the Trustee against Michelle Lee Anderson ("Defendant"). Summary judgment is appropriate when "there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a...
MEMORANDUM OPINION MARIAN F. HARRISON , Bankruptcy Judge . This matter is before the Court upon MarketGraphics Research Group, Inc.'s ("MarketGraphics") renewed motion for summary judgment based on collateral estoppel. For the following reasons, the Court finds that MarketGraphics' motion for summary judgment should be denied. I. PROCEDURAL BACKGROUND Prior to bankruptcy, the District Court entered judgment in favor of MarketGraphics against the debtor in the amount of $332,314.94,...
MEMORANDUM OPINION CHARLES M. WALKER , Bankruptcy Judge . The parties came before this Court over a year ago locked in battle over a parcel of real estate in Nashville, Tennessee. The saga continues here where the conflict rests on the validity of a lis pendens, under Tennessee state law and federal bankruptcy law. BACKGROUND Jackson, as the seller, and Ritzen, as the buyer, entered into a sales contract for a parcel of land located at 1200 49 th Avenue North, Nashville, TN ("Property"...
MEMORANDUM OPINION ACCOMPANYING AGREED ORDER WAIVING DEBTOR'S DISCHARGE AND DISMISSING CASE CHARLES M. WALKER , Bankruptcy Judge . THIS MATTER is before the Court on the Joint Motion to Dismiss Case and Waive Discharge of Debtor ("Motion"). The entry of the Agreed Order will dismiss the case on the request of the Debtor, the Chapter 7 Trustee, and two of the main creditors in the case. On July 27, 2017, this Court entered an Order 1 wherein it ruled that this Debtor did not have the right...
MEMORANDUM OPINION DENYING CHAPTER 13 TRUSTEE'S OBJECTION TO DEBTOR'S EXEMPTIONS, DENYING OBJECTION TO CONFIRMATION OF PLAN, AND DENYING MOTION TO CONVERT TO CHAPTER 7 Randal S. Mashburn , U.S. Bankruptcy Judge . The Chapter 13 Trustee objects to the Debtor's exemption in an Individual Retirement Account ("IRA") because of certain pre-petition activity. If the exemption is allowed, the Debtor is permitted to protect retirement funds totaling nearly $700,000, resulting in unsecured...
MEMORANDUM REGARDING TRUSTEE'S MOTION TO DISBURSE CHARLES M. WALKER , Bankruptcy Judge . This matter was before the Court on the Trustee's motion to disburse a refund (Dkt. #161) received from Ditech Financial, LLC ("Ditech") to Debtor's allowed unsecured claimholders. The Debtor opposed the motion and the matter came for hearing before the Court on January 10, 2018. The parties presented evidence, including the testimony of the Debtor, and offered argument. For the following reasons, the...
