Legal Opinion

Kanipe v. First Tennessee Bank (In Re Kanipe)

United States Bankruptcy Court, E.D. Tennessee

Decided September 16, 2002No. Bankruptcy No. 01-21726. Adversary No. 02-2014PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

In this adversary proceeding, the chapter 7 debtors seek a judgment for the defendant’s alleged violation of the discharge injunction due to the defendant’s postdischarge execution on the debtors’ bank account and the prosecution of a conditional judgment pursuant to Tenn. Code Ann. § 29-7-114. Presently before the court is the defendant’s motion for summary judgment based on its assertion there are no disputed facts and it is entitled to judgment as a matter of law. For the reasons addressed below, the motion will be granted. This is a core…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
  5. In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. MorrisCourt of Appeals for the Sixth Circuit · 2001

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3Cited by15 opinions

  1. In Re WaldoUnited States Bankruptcy Court, E.D. Tennessee · 2009
  2. Gunter v. Kevin O'Brien & Associates Co. LPA (In Re Gunter)United States Bankruptcy Court, S.D. Ohio · 2008
  3. In re BieryUnited States Bankruptcy Court, E.D. Kentucky · 2015
  4. Southwest Airlines Co. v. Tidewater Finance Co. (In re Cole)United States Bankruptcy Court, N.D. Georgia · 2016
  5. Gunter v. Columbus Check Cashiers, Inc. (In Re Gunter)United States Bankruptcy Court, S.D. Ohio · 2005

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