Michael M. Parker
How Judge Parker rules, drawn from 17 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 secured creditor may establish embezzlement-based nondischargeability when state law gives it a property interest sufficient to support conversion and the debtor had no ownership interest in the appropriated property.
“The Court agrees with the majority courts’ analysis but will refine and refocus the rule: a creditor must have sufficient property interest in the allegedly embezzled property such that the creditor could bring a conversion claim.”
Procedural preferences
In the reviewed plan-confirmation dispute, silence by an impaired class did not count as acceptance of the plan.
“Impaired classes whose creditors fail to cast a vote do not ‘accept’ a plan”
Lien-avoidance requests must identify the exempt property affected rather than seek blanket relief against an asserted lien.
“Debtor must identify the exempt property on which it seeks lien avoidance. Section 522(f) operates to avoid liens placed on identified exempt property, not to avoid blanket liens in and of themselves.”
Cautions
Reconsideration is treated as extraordinary relief and is granted sparingly.
“they ‘call[] into question the correctness of a judgment’ and are thus extraordinary, only to be granted sparingly, and disfavored.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court grants Kapitus’s § 523(a)(2)(A) and Virginia-law conversion claims, as well as Kapitus’s § 523(a)(4) claim only with respect to the debt due under the conversion claim, and denies all other relief.”
“The Court grants Kapitus’s claims under § 523(a)(4) with respect to the conversion debt and denies Kapitus’s claim under § 523(a)(4) with respect to any debts other than those arising under Kapitus’s conversion claim.”
“Because Kapitus failed to provide sufficient evidence that Monreal intended to injure Kapitus, the Court denies Kapitus’s claims under § 523(a)(6).”
“ORDERED that the Trustee’s Objection to Exemption (ECF No. 20) is SUSTAINED.”
“ORDERED that the Debtors’ Motion to Convert (ECF No. 32) is GRANTED IN PART.”
“the Court has previously granted each Debtor’s Motion to Convert.”
“The Court therefore sustains Defendants’ original Objection and denies Plaintiff’s Motion to Reconsider—except to the extent Plaintiff’s Motion seeks that the Court issue grounds for its alternative grant of summary judgment.”
“DENIES Plaintiff’s Amended Motion to Reconsider Order Granting Defendants’ Motion to Dismiss or, in the alternative, Motion for Summary Judgment and Plaintiff’s Request for Leave to Amend (ECF No. 44);”
“DENIES as moot Plaintiff’s Motion for Leave to Allow Plaintiff’s Response to Defendants’ Objection to Plaintiff’s Amended Motion to Reconsider Order Granting Defendants’ Motion to Dismiss or, in the alternative, Motion for Summary Judgment and to Allow for New Evidence (ECF No. 73);”
“DENIES as moot Plaintiff’s Second Motion for Leave to Allow for a Further Response to Defendants’ Objection to Plaintiff’s Amended Motion to Reconsider Order Granting Defendants’ Motion to Dismiss or, in the alternative, Motion for Summary Judgment and Allow for New Evidence in Support of its Motion to Reconsider (ECF No. 73).”
“For all these reasons, the Court will GRANT in part the Debtor’s Motion for Sanctions.”
“ORDERED that the Trustee’s Objection to Confirmation of Debtor’s Proposed Chapter 13 Plan (ECF No. 11) is OVERRULED.”
“ORDERED that the parties’ Joint Motion for Entry of Consent Judgment (ECF No. 21) is DENIED.”
“that such defamation was defamation per se.”
“The Court denies Plaintiffs’ requests for exemplary damages, the claim of business disparagement, and the claim of civil conspiracy.”
“Finally, in its Judgment pursuant to this Opinion, the Court will issue an injunction requiring the removal from all platforms of all statements deemed defamatory but will not enjoin future speech.”
“the SZ Plan can be confirmed only as a non-consensual plan under § 1191(b).”
The court dismissed the case with prejudice until outstanding fees were paid because the debtor had paid no filing fees and had not filed a plan or schedules. The order is retained as context and excluded from motion counts.
“ORDERED that the Debtor’s Motion to Reject Gas Gathering Agreement (ECF No. 84) is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Four sampled matters were terminated and one remained pending. One individual case supplied an express order extending the automatic stay.
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