News

Judge Boswell Retires After 19 Years

Federal bankruptcy Judge G. Harvey Boswell on Friday retired from the bench after 19 years of service. He was appointed to the U.S. Bankruptcy Court, Western District of Tennessee, on Nov. 16, 1993, the first judge to be permanently assigned to that court. Friday may have been the first time a shotgun was suddenly pulled from its case in a federal courtroom and six judges applauded, the Jackson Sun writes. The shotgun, a 12-gauge Beretta-A400, was a retirement gift. Boswell’s replacement will be appointed by the Sixth Circuit Court of Appeals. It will take at least nine months to select a replacement, he said. Until then, bankruptcy judges from Memphis will travel to Jackson to handle the case load.

read more »

Apply for Bankruptcy Seat in Jackson

The Sixth Circuit Judicial Council is soliciting applications from persons interested in appointment as United States Bankruptcy Judge for the Western District of Tennessee at Jackson. This position will become vacant upon the retirement of United States Bankruptcy Judge G. Harvey Boswell on July 8. Applications must be received by July 18. Download more information

read more »

Congress Passes Bankruptcy Judge Bill

Congress has passed a bill authorizing a replacement judge in Jackson after U.S. Bankruptcy Court Judge G. Harvey Boswell retires in July. Boswell handled cases in Jackson but reported to the court in Memphis. Until Congress passed the stalled bankruptcy judge bill, it appeared Boswell’s position would lapse. That would have meant more work and travel for the four judges in Memphis. Lack of congressional action on the bill also would have meant the loss of almost one-tenth of the nation’s 351 bankruptcy judges. President Barack Obama is expected to sign the bill into law. Learn more in the Memphis Daily News

read more »

Law School Debt Discharged for Asperger's Sufferer

A former law student has won a bid in bankruptcy court to discharge nearly $340,000 in education debt because her diagnosis of Asperger Syndrome rendered her unable to repay the loans. The U.S. Bankruptcy Court for the District of Maryland last week found that Carol Todd, who attended the University of Baltimore School of Law, met the difficult burden of showing that she would suffer undue hardship if forced to repay her debt. Read about it in the National Law Journal

read more »

Bill Extends 30 Federal Bankruptcy Judgeships

Congress sent a bill to the White House on Thursday that would extend 30 temporary federal bankruptcy judgeships for another five years. The bill reauthorizes bankruptcy judgeships in 14 states and Puerto Rico that had already expired. Without the legislation, those districts would have lost a judgeship anytime a judge retired or left the bench for any reason, something that had already happened in two districts. The Blog of Legal Times has more

read more »

Site Stores Bankruptcy Docs for Free Reading

A new website called Inforuptcy is being touted as a cheaper alternative to PACER for those accessing bankruptcy documents. The site charges the regular PACER fee for documents that are not yet in its database, but after a document is accessed, it remains in the database for future users to read for free. In addition, downloading a PDF of a case in the database costs half of the PACER fee. Inforuptcy co-founder Michael Mikikian says, “The more people who bypass PACER.gov and use our site instead, the more we will be able to share that information with the public.” The ABA Journal links you to the stories on the topic.

read more »

Bankruptcies Up Slightly in West Tennessee

Bankruptcies increased slightly in West Tennessee during the first quarter of 2012, according to The Daily News Online. All chapters combined – Chapters 7, 11 and 13 – amounted to 3,063 Shelby County bankruptcies, up 2.8 percent from 2011.

read more »

West Tenn. Bankruptcy Judge Retires

U.S. Bankruptcy Court Judge G. Harvey Boswell — the only bankruptcy judge in Jackson — will retire July 8, but because of stalled legislation in Congress, it appears his position will not be filled before he departs. David Kennedy, chief bankruptcy judge for the U.S. Bankruptcy Court of West Tennessee, said some of the bankruptcy judges in Memphis will likely travel to Jackson to hear cases until a replacement is named. In related news, Judge George Emerson Jr. recently was appointed to succeed Boswell on the 6th Circuit Bankruptcy Appellate Panel. Emerson will continue to serve as a trial bankruptcy judge in Memphis, in addition to reviewing decisions of bankruptcy judges from other judicial districts in the Sixth Circuit. The Memphis Daily News has more

read more »

Judge Donald to be Honored

The Hon. Bernice B. Donald is one of five “legends” who will be honored by the Women’s Foundation for a Greater Memphis at its 2012 Annual Tribute Luncheon and Symposium. Donald is the first African American woman to sit on the 6th Circuit Court of Appeals. She was the first African American woman in the United States to serve as a bankruptcy judge and was the first African American woman to serve as judge in Tennessee. The Legends Award Reception is April 17 at 6 p.m. at the Columns in Memphis. The Annual Tribute Luncheon is April 26 at the Memphis Cook Convention Center. Other honorees are civil rights activist Velma Lois Jones, Sylvia Goldsmith Marks, Dorothy Gunther Pugh and Dr. Shirley C. Raines, the first woman president of the University of Memphis. Get reservations and learn more.

read more »

TODD MARSH, ET AL. v. LARRY A. STORIE, ET AL.

Todd Marsh and Kari Marsh (“Plaintiffs”) sued Larry A. Storie (“Storie”) and First Tennessee Bank National Association (“First TN Bank”) with regard to, among other things, ownership of real property which had been the subject of both a tax sale and a foreclosure sale. After a hearing, the Trial Court entered an order on January 4, 2011 granting partial summary judgment dismissing First TN Bank from the case, and certifying the judgment as final as to First TN Bank pursuant to Tenn. R. Civ. P. 54.02. Plaintiffs appeal the dismissal of their claims against First TN Bank. We affirm.

Attorney 1: 

J. Myers Morton, and George W. Morton, Jr., Knoxville, Tennessee, for the appellants, Todd
Marsh and Kari Marsh.

Attorney 2: 

Gordon D. Foster, Knoxville, Tennessee, for the appellee, First Tennessee Bank National
Association.

Judge: 
SWINEY