Paulette J. Delk
How Judge Delk rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Delk no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Delk decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a homestead dispute, a present right to occupy and imminent intent to move supported the exemption despite lack of actual occupancy on the filing date.
“Debtors had the right of present occupancy of the home on Highway 70 at the time of filing the petition.”
Procedural preferences
When intent turned on conflicting statements, the issue was reserved for trial rather than resolved on summary judgment.
“state of mind determinations can only be made after a full evidentiary development, with an opportunity for examination and cross-examination.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Debtor may assume and assign the License Agreement without the consent of Auxano only under the circumstances in which the License Agreement contemplates assignment without the licensor’s consent.”
“the automatic stay of section 362(a) is terminated pursuant to section 362(d)(3) and SunTrust Bank may fully exercise its rights under state law.”
“The Debtor is ordered to cease using SunTrust’s cash collateral and to withdraw its December 6, 2011 Motion for Authority to Use Cash Collateral.”
“Defendant’s Motion for Protective Order and Amended Motion for Protective Order as to Cadence Bank are denied.”
“Movants’ Motion for Relief from Automatic Stay is granted”
“The court finds that the debt owed Defendants by Debtor is a dischargeable debt pursuant to 11 U.S.C. § 523(a)(8)(A)(1990).”
“denies Pike’s motion for summary judgment”
“denies Pike’s motion for judgment on the pleadings”
“grants summary judgment in favor of Debtor with regard to Pike’s entire Complaint.”
“the Trustee’s Objection to Claimed Exemption in House and Lot at 17130 Hwy. 70, Huntingdon, Tennessee is hereby denied”
“Plaintiff’s judgment against the defendants in the amount of $104,000.00 plus post-judgment statutory interest as of February 17, 2010 is nondischargeable puruant to 11 U.S.C. § 523(a)(6).”
“The Motion for Summary Judgment filed by Regions Bank and Wilma Titus is granted.”
“The Plaintiffs’ Motion to Remand is denied, except as to Mary Wallace.”
“The Motion for Sanctions filed by Regions Bank and Wilma Titus is denied.”
“this court finds that Regions’ Claim No. 20 is time-barred, and thus unenforceable pursuant to 11 U.S.C. § 502(b)(1). The court accordingly sustains the Debtor’s Objection and disallows Region’s Claim No. 20.”
“the UST’s Motion for Summary Judgment is hereby denied.”
“Objection is overruled.”
Caseload & timing
From public federal docket records for this judge.
All five matters were terminated, but the archive returned no docket entries for any sampled stream.
A historical record
Judge Delk 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.