Marilyn Morgan
How Judge Morgan rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Morgan no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Morgan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A substantial equity cushion can protect a secured creditor and weigh against immediate foreclosure relief despite missed postpetition payments.
“Where a creditor is adequately protected by a large equity cushion, the debtor would suffer a substantial loss in the event of foreclosure, and no economic harm to the creditor would result, relief from stay should not automatically follow a default in payment.”
Procedural preferences
She may reject a disclosure statement at the outset when the proposed plan cannot be confirmed as a matter of law.
“a court may disapprove of a disclosure statement, even if it provides adequate information about a proposed plan, if the plan could not possibly be confirmed.”
Cautions
When default interest depends on acceleration, the lender must give a clear and unequivocal notice that it is exercising the acceleration right.
“proper notice requires clear and unequivocal notice to borrowers that the lender is exercising its right to accelerate the amounts due under a note.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court declines to dismiss the Chapter 11 case”
“The United States’ motion to strike the notice of removal is granted”
“The automatic stay is modified for the limited purpose of permitting the United States to litigate ownership of the funds before the Geneva Cantonal Court or to proceed to final judgment in the Virginia litigation.”
“the court allows the SBE’s claim in the amount of $442,194.18 as filed.”
“the complaint against defendant is dismissed as untimely filed.”
“The trustee’s counter-motion for sanctions under Bankruptcy Rule 9011 against Marc Voisenat is denied.”
“the Court denies approval of the disclosure statement.”
“the motion to issue the certificates of indebtedness is denied as moot.”
Vacating the pre-confirmation dismissal restored the automatic stay, while the parties reserved the separate question whether cause justified relief from that stay.
“IT IS HEREBY ORDERED that Boeger’s motion for summary judgment is denied.”
“relief from the stay for cause pursuant to § 362(d) for the limited purpose of allowing the Carrs to liquidate their claim in the pending state court action.”
“the Court concludes that Logitech does not have an enforceable license in the patents sold by the estate.”
“Because the underlying plan is patently unconfirmable, the disclosure statement may not be approved.”
“further relief to complete a foreclosure sale is denied at this time as premature.”
“summary-judgment is granted in favor of the defendant United States of America and against the plaintiff Uecker & Associates, Inc.”
“the plaintiffs motion for turnover of property and sanctions for violation of the automatic stay is denied.”
A historical record
Judge Morgan 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.