Bess M. Parrish Creswell
How Judge Creswell rules, drawn from 6 signed orders. Every observation links to the order it came from.
How Judge Creswell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 13 debtor bears the burden of showing good faith in both the petition and the proposed plan.
“Debtor must show that ‘the plan has been proposed in good faith’ and that ‘filing the petition was in good faith.’”
A request for a broad bankruptcy examination will not be used to bypass discovery limits in already-pending litigation.
“the Rule 2004 Request is not a proper use of Rule 2004 discovery; instead, it represents an effort to circumvent the discovery rules of the State Court Litigation.”
Cautions
Equitable concerns do not permit departure from a specific eligibility rule in the Bankruptcy Code.
“The Court cannot ‘contravene specific statutory provisions,’ and must balance the equities in cases ‘within the confines of the Bankruptcy Code.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that Creditor’s objection to confirmation is SUSTAINED. Accordingly, confirmation of Debtor’s plan is denied, and his case is DISMISSED.”
“Creditor’s Motion to Dismiss (Doc. 33) is GRANTED, and Debtor’s Chapter 13 case is DISMISSED pursuant to § 109(g)(2).”
“TitleMax’s objection to confirmation (Doc. 20) of Debtor’s case is sustained”
“the motion (Doc. 21) confirming that the stay is not in place is granted”
“ORDERED that the Rule 2004 Request is DENIED.”
“ORDERED that Debtor’s Motion for Discharge is GRANTED.”
“Defendants’ Motion for Summary Judgment is GRANTED and Plaintiff’s Complaint is DISMISSED with prejudice.”
Caseload & timing
From public federal docket records for this judge.
The nine terminated sampled matters lasted 372 to 785 days, with a median of 504 days. Two newly filed pending matters were included to preserve a current boundary; they had not matured to a groundable outcome.
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