Michelle M. Harner
How Judge Harner rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Harner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor that receives notice and does not object is bound by the treatment in a confirmed Chapter 13 plan.
“a creditor’s failure to object to a debtor’s proposed chapter 13 plan binds the creditor to the terms of the confirmed plan.”
Procedural preferences
A summary-judgment request must be supported by evidence sufficient to eliminate genuine disputes of material fact.
“The Defendant submitted nominal evidence to support its requested relief on Counts III and IV”
Cautions
A reorganization proposal cannot use the new-value doctrine to preserve an unjustified windfall for prepetition equity.
“The Court cannot condone the windfall to the debtor’s prepetition equity proposed in this case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court will grant the Plaintiff’s motion for summary judgment and deny the Defendants’ motion for summary judgment, other than with respect to the requested sanctions.”
The court held that a repeat filing terminated the automatic stay only as to the debtor and the debtor's property, leaving estate property protected.
“the Debtors may reject the Settlement Agreement under section 365(a) of the Code. The Court will enter a separate order consistent with, and granting the relief set forth in, this Memorandum Opinion.”
“the Court will dismiss only Counts I and II of the Amended Complaint. The Court will enter a separate order granting in part, and denying in part, the Motion to Dismiss”
“the Court grants the Plaintiff’s Motion for Partial Summary Judgment to the extent that it seeks to avoid the Postpetition Transfer”
“denies the Defendant’s Cross Motion for Partial Summary Judgment in its entirety.”
“The Court will enter an Order granting the Debtor’s (Plaintiff’s) Motion for Summary Judgment”
“denying the Defendant’s Motion for Summary Judgment.”
“The Court will set extended deadlines for the Debtor, based on the date of the conversion of his chapter 7 case to one under chapter 11 of the Code.”
“Accordingly, the Court will deny the Stay Motion without prejudice.”
“the Court will sustain the Creditor’s objection to plan confirmation, in part, and deny it in part.”
“the Court determines that the automatic stay of section 362(a) of the Code does not apply to the Properties”
“the Court will modify the automatic stay of section 362(a) of the Code to allow the prepetition arbitration proceeding to continue.”
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