Marcia Phillips Parsons
How Judge Parsons rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Parsons no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Parsons decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A fraud-based nondischargeability claim may turn on circumstantial evidence showing that a debtor made a promise to obtain immediate value without a genuine intention to perform.
“the totality of the circumstances in this case belies the debtors’ characterization of the acts subsequent to the March 8, 2004 agreement”
For preference defenses, later advances are credited to the extent they replenish the estate rather than remain protected by an unavoidable security interest.
“the transfers are excepted from avoidance under 11 U.S.C. § 547(c)(4) except to the extent of $8,558.87”
Procedural preferences
Confirmation objections should meet the applicable deadline; a later modification does not reopen objections to plan terms that did not change.
“There has to be content in the deadlines for objections to confirmation else it is impossible for debtors and trustees to adequately prepare for hearings on confirmation.”
Cautions
Administrative priority is applied narrowly, and a claimant should establish both a transaction with the estate and a direct, substantial estate benefit.
“priorities are to be ‘narrowly construed and sparingly granted,’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“LAJ is entitled to judgment on the pleadings in its favor on the Debtor’s complaint.”
“An order will be entered consistent with this memorandum, denying the Debtor’s motion for judgment on the pleadings, granting LAJ’s motion and dismissing both the complaint and counterclaim.”
“Concerning LAJ’s counterclaim seeking revocation of the order confirming the Plan, that claim is now moot because LAJ has been made whole under the Plan in its obtaining the state court judgment.”
“For the forgoing reasons, the court will enter an order consistent with this memorandum opinion denying MPLG’s request for administrative expenses.”
“As discussed hereafter, both motions will be granted in part and denied in part.”
“An order will be entered in accordance with the foregoing determining that the obligation owed by the debtors to the plaintiff is nondischargeable pursuant to 11 U.S.C. § 523(a)(2).”
“Based on the foregoing, an order will be entered sustaining all of the Trustee’s objections except with respect to the Debtor’s claimed exemption in the Scott and Stringfellow stock account.”
“In accordance with the foregoing, the court will enter an order denying the motions to dismiss.”
“Accordingly, the court will enter an order denying the debtor’s Application for Waiver of the Chapter 7 Filing Fee for Individuals Who Cannot Pay the Filing Fee in Full or in Installments.”
“Accordingly, the parties’ motions for summary judgment will be denied.”
“For the reasons discussed hereafter, the motions will be granted.”
“An order will be entered in accordance with this memorandum opinion remanding this adversary proceeding to state court from which it was removed and lifting the automatic stay in order to allow the parties to proceed to judgment in the state court action.”
“As discussed below, the plaintiffs motion will be denied”
“the defendant’s motion will be granted in part and denied in part, the court having concluded that the defendant may utilize the new value defense but that his arguments regarding waiver or unenforceability of the guaranties signed by him are without merit.”
“Because this court concludes that 11 U.S.C. § 521(2) interpreted in light of the Sixth Circuit Court of Appeals’ decision in General Motors Acceptance Corp. v. Bell (In re Bell), 700 F.2d 1053 (6th Cir.1983), does not permit this result, the creditor’s motions for relief from the automatic stay will be granted.”
“Household’s objection will be overruled.”
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 Parsons 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.