Marian F. Harrison

How Judge Harrison rules, drawn from 15 signed orders. Every observation links to the order it came from.

Judge Harrison 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 2024
Served
1999–2024
Commissioned
1999-12-21
Signed orders read
15

How Judge Harrison decides

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

What persuades

Plain statutory text controls when the filing-date language is unambiguous.

“the plain reading of the statute does not support the Chapter 13 Trustee’s suggested interpretation”

Procedural preferences

Chapter 13 claim deadlines are applied strictly because late additions can disrupt feasibility and distributions.

“The absence of a bright line claims bar date in Chapter 13 could well create havoc in the system.”

Creditors are expected to protect their interests when they receive notice and an opportunity to object.

“MERS had a responsibility to protect its own interests, it had more than one opportunity to protect its own interests, and it sat on its hands and did nothing.”

Cautions

An attorney seeking to enforce a fee agreement bears a heightened burden because of the fiduciary relationship with the client.

“An attorney owes the client the ‘utmost good faith’ in their dealings.”

Signed rulings

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

In re Beaudet
· 2011-04-13
Objection to amended mortgage claim (The debtor) Granted

“the Court finds that the debtor’s objection to Ocwen’s amended proof of claim should be sustained”

Motion to modify chapter 13 plan (The Chapter 13 trustee) Granted in part

“the Chapter 13 Trustee’s motion to modify the plan should be granted to the extent necessary to ensure that the ongoing mortgage payments include only future escrow increases.”

In re Cannon
· 2006-07-25
Motion to dismiss for credit counseling ineligibility (The Chapter 13 trustee) Granted

“the Court finds that the debtors’ case should be dismissed pursuant to 11 U.S.C. § 109(h)(1).”

In re Lewis
· 2007-01-31
Objection to chapter 13 plan (The Chapter 13 trustee) Denied

“the Court finds that the Chapter 13 Trustee’s objection to confirmation based on 11 U.S.C. § 1328 should be overruled.”

In re Arnold
· 2007-07-03
Objection to chapter 13 plan (The Chapter 13 trustee) Granted

“the Chapter 13 Trustee’s objections to the debtors’ plan should be sustained.”

Waldschmidt v. Singletary Construction LLC (In re Tackett)
· 2014-09-12
Adversary complaint for turnover (The Chapter 7 trustee) Denied

“the Court finds that the complaint and counter-complaint should be denied.”

Counterclaim against bankruptcy estate (Singletary Construction LLC and related parties) Denied
Gigandet v. Mortgage Electronic Registration Systems, Inc. (In re Espander)
· 2008-12-23
Motion for partial summary judgment on stay violation (The Chapter 7 trustee) Granted

“the Trustee’s motion for partial summary judgment should be granted”

Motion to alter or amend denial of summary judgment (A. Michael Wilson) Denied

“Mr. Wilson’s motion to alter or amend should be denied”

Motion for authorization to issue corrected trustees deed (The Chapter 7 trustee) Denied

“the Trustee’s motion for authorization to provide a corrected Trustee’s Deed to Mr. Wilson should be denied.”

Winters v. Shulman (In re Winters)
· 2013-01-30
Motion for partial summary judgment on tax claims and refunds (The Chapter 7 trustee) Granted in part

“the Court finds that the Trustee is entitled to summary judgment on the uncontested issue of whether the $32,555.15 tax refund check is property of the estate.”

Motion for partial summary judgment on tax priority and erroneous refund (The Internal Revenue Service) Granted

“Regarding priority and dis-chargeability of the 2004 income tax liabilities, the IRS is entitled to summary judgment. The IRS is also entitled to summary judgment on the issue of turnover of the prior erroneous tax refund.”

In re Chriss-Price
· 2006-07-05
Objection to chapter 13 plan (The Chapter 13 trustee) Denied

“the Trustee’s objection to confirmation should be overruled”

Request for confirmation of chapter 13 plan (The debtor) Granted

“the debtor’s plan should be confirmed as proposed.”

In re Trailer Source, Inc.
· 2012-07-05
Objection to special counsel fee enhancement (The United States Trustee) Denied

“the objections of the U.S. Trustee and Hyundai should be overruled and the motions of H3GM and the Trustee should be granted in full.”

Objection to trustee attorney compensation (Hyundai Translead, Inc.) Denied
Objection to trustee commission (Hyundai Translead, Inc.) Denied
Application for special counsel compensation (Harwell Howard Hyne Gabbert & Manner, P.C.) Granted
Application for trustee attorney compensation (The Chapter 7 trustee) Granted
Motion for allowance of trustee claims (The Chapter 7 trustee) Granted
In re Bennett
· 2001-08-24
Motion to disallow late filed claim (The Chapter 13 trustee) Granted

“An appropriate order will enter disallowing the Medical Authority’s late-filed claim.”

Objection to disallowance of late filed claim (East Alabama Medical Authority, Inc.) Denied

“the Chapter 13 Trustee’s motion should be granted and the Medical Authority’s objection overruled.”

In re Hargrove
· 2008-12-10
Objection to chapter 13 plan (General Motors Acceptance Corporation) Granted in part

“GMAC’s objection to confirmation is sustained in part and denied in part”

Request for confirmation of chapter 13 plan (The debtors) Denied

“the debtors’ plan should not be confirmed.”

Commissary Operations, Inc. v. Dot Foods, Inc. (In re Commissary Operations, Inc.)
· 2010-01-07
Motion for declaratory judgment on new value defense (The debtor) Denied

“the Court denies the debtor’s motions for declaratory judgment”

Objection to debtors declaratory judgment motion (The preference defendants) Granted

“sustains the defendants’ objections to the debtor’s motions”

Motion for partial summary judgment on new value defense (The preference defendants) Granted

“grants the defendants’ motions for partial summary judgment.”

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 Harrison 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.