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Posted by: Landry Butler on Jan 18, 2017

Court: TN Court of Appeals

Attorneys 1:

Price Hugh Carroll (Argued), Carrollton, Georgia, and Robert P. Noell, Knoxville, Tennessee, for the appellant, Brandon Barnes.

Attorneys 2:

Janet Strevel Hayes (Argued), Knoxville, Tennessee, and Mary Beth Haltom White, Nashville, Tennessee, for the appellee, U.S. Bank National Association.

Judge(s): MCBRAYER

A musician/composer borrowed money from a bank and assigned performance royalties as collateral. He later filed for bankruptcy, and his debt to the bank was discharged. The bank, however, continued to collect royalties during the pendency of the bankruptcy case. The musician/composer filed suit against the bank seeking recovery of the royalties collected by the bank after the filing of the bankruptcy petition based on theories of unjust enrichment and conversion. The musician/composer also sought damages from the bank for violation of the automatic stay of 11 U.S.C. § 362. The bank moved to dismiss the case for failure to state a claim upon which relief can be granted. The trial court granted the motion. Because it lacked subject matter jurisdiction over the claims, we vacate the decision of the trial court.