Keith M. Lundin

How Judge Lundin rules, drawn from 18 signed orders. Every observation links to the order it came from.

Judge Lundin no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Middle District of Tennessee
Position
bankruptcy
Status
Retired 2016
Served
1982–2016
Commissioned
1982-01-01
Education
Vanderbilt University Law School, J.D.
Signed orders read
18

How Judge Lundin decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Contracts are read as a whole, with each operative clause given effect rather than isolated language controlling the result.

“This argument does not account for all provisions of the Aurora Deed of Trust and makes a nonsense of the document as a whole.”

Procedural preferences

Express filing deadlines are applied as written even when equitable considerations favor a creditor that lacked timely notice.

“The careful language of § 502(b)(9) and Rules 3002 and 9006 precludes the IRS’s invitation to construct equitable exceptions to the 180-day timeliness requirement.”

Cautions

A neutral workplace rule does not become bankruptcy discrimination merely because it applies to time missed for a bankruptcy proceeding.

“Section 525 does not require employers to give bankruptcy debtors preferential treatment.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Surti
3:09-01213 / 3:10-0064A · 2010-08-13
Motion for summary judgment on deed of trust validity (Aurora Loan Services, LLC) Granted

“Defendant's motion for summary judgment is granted; Plaintiff's motion for summary judgment is denied.”

Motion for summary judgment on deed of trust invalidity (HHP-Brentwood, L.L.C.) Denied
Love v. Scott (In re Love)
· 2011-01-12
Motion for summary judgment on discharge of disciplinary costs (The debtor) Granted

“Plaintiffs motion for summary judgment is granted; Defendant’s motion for summary judgment is denied.”

Motion for summary judgment on nondischargeability of disciplinary costs (The Tennessee Board of Professional Responsibility) Denied
N1 Creditors' Trust v. Crown Packaging Corp. (In re Nukote International Inc.)
· 2011-09-02
Motion to dismiss for improper venue (Crown Packaging Corp.) Granted

“The defendant’s motion to dismiss for improper venue is granted.”

Brandt v. Weyant (In re Brandt)
· 2010-09-20
Motion for partial summary judgment on statute of limitations (Donald Brandt) Granted

“partial summary judgment on the statute of limitations is granted to plaintiff.”

In re Hayes
· 2007-11-01
Objection to chapter 13 plan (CitiFinancial Auto Corp.) Granted in part

“The objections to confirmation are sustained in part and denied in part.”

Request for confirmation of chapter 13 plan (Bonnie Hayes) Denied

“The proposed plans are not confirmed.”

Objection to chapter 13 plan (General Motors Acceptance Corporation) Granted in part
Request for confirmation of chapter 13 plan (Steven and Melissa Tucker) Denied
Phoenix Restaurant Group, Inc. v. Lawson Software, Inc. (In re Phoenix Restaurant Group, Inc.)
· 2004-11-15
Motion for summary judgment on preference defenses (Lawson Software, Inc.) Denied

“the Defendant’s motion for summary judgment is DENIED.”

Phoenix Restaurant Group, Inc. v. Fuller, Fuller & Associates, P.A. (In re Phoenix Restaurant Group, Inc.)
· 2004-11-08
Motion for summary judgment on preference defenses (Fuller, Fuller & Associates, P.A.) Denied

“the Defendant’s motion for summary judgment is DENIED.”

Elk Horn Coal Co. v. Conveyor Manufacturing & Supply, Inc. (In re Pen Holdings, Inc.)
· 2004-09-17
Motions to dismiss on plan preservation ground (The preference defendants) Denied

“the motions to dismiss are denied with respect to the § 1123(b)(3) issue remaining after this court’s order of August 3, 2004.”

Limor v. Buerger (In re Del-Met Corp.)
· 2005-03-04
Consolidated motions to dismiss amended complaint (Ten defendants) Granted in part

“For the reasons stated, the Defendants’ Motions to dismiss will be granted in part and denied in part by separate order.”

Phoenix Restaurant Group, Inc. v. Ajilon Professional Staffing LLC (In re Phoenix Restaurant Group, Inc.)
· 2004-12-01
Motion for summary judgment on subsequent new value defense (Ajilon Professional Staffing LLC) Denied

“the Defendant’s motion for summary judgment is DENIED.”

Jones v. Warren Construction (In re Jones)
· 2003-08-07
Motion for summary judgment on nondischargeability (Warren Construction) Denied

“The defendant’s motion for summary judgment is denied.”

WSC, Inc. v. Home Depot, Inc. (In re WSC, Inc.)
· 2002-12-10
Motion to strike jury demand (The defendants) Granted in part

“The motion to strike the Debtor’s jury demand is granted with respect to all causes of action against the Defendant, Home Depot. The motion to strike the Debtor’s jury demand is denied with respect to all causes of action against Defendants other than Home Depot.”

Caseload & timing

From public federal docket records for this judge.

All five sampled matters were terminated; their retained docket streams were empty.

A historical record

Judge Lundin no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.