Bill Parker
How Judge Parker rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Parker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 11 debtor opposing stay relief must show a reasonable possibility of a timely effective reorganization, not merely a need to keep using the property.
“the issue of tendering adequate protection payments to obtain access to the confirmation process, and the issue of demonstrating by a preponderance of the evidence a reasonable possibility of achieving an effective reorganization within a reasonable time, are not the same.”
Procedural preferences
A confirmed plan binds secured creditors to its interest treatment when they withdrew objections and accepted that treatment.
“The TRCC in this district does not constitute a modification of the confirmed plan and it therefore cannot effectuate a change in the interest rate established by the confirmed plan”
Cautions
Summary judgment on nondischargeability is unavailable when the debtor's role and the statutory elements still present genuine factual disputes.
“significant genuine issues of material fact remain regarding the role of the Debtor in the controversy and the claims of nondischargeability under §§ 523(a)(4) and (a)(6) asserted by the Plaintiff that must be determined through a trial on the merits.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court finds that Plaintiff’s Motion for Summary Judgment in the above-referenced adversary proceeding must be granted in part and denied in part.”
“The Trustee’s Motion is accordingly denied.”
“the Objection to Debtor’s Claim of Exemptions filed by Andra Group, L.P. is sustained”
“are each granted as to the claims asserted by Plaintiff, Jacqueline Berry, and denied as to the claims asserted by Plaintiff, Ira Glen Rushing.”
“these agreements created a security interest rather than a lease.”
“the Motion to Dismiss Pursuant to 11 U.S.C. § 707(b) filed by the United States Trustee in the above-referenced case must be denied.”
“the objection to confirmation filed by Green Tree in each of these cases should be overruled”
“the objections of the Chapter 13 Trustee must be overruled”
“the Debtor’s Chapter 13 plan should be confirmed.”
“the Amended Objections to Exemptions filed by FNFS and B & W shall be sustained in part and denied in part”
“the Amended Motion of the Lewie Byers Group for Relief from Stay Against Profit A' Prendre (Right to Mine Sand) and All Improvements Attached to the Real Property and to Allow Appeal of State Court Judgment to Proceed filed in the above-referenced case is hereby granted”
“shall file either: [1] a formal fee application for all pre-petition and post-petition services rendered in this case through February 28, 2007; or [2] a statement which lowers its fee request to $3,000”
“Order Denying Confirmation of Chapter 13 Plan”
Caseload & timing
From public federal docket records for this judge.
All six matters were terminated. The Bhai adversary supplied one express mixed summary-judgment outcome.
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