Cathleen D. Parker
How Judge Parker rules, drawn from 15 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
For relief from stay to continue parallel litigation, the court weighed speed, economy, estate administration, and the parties' interests together.
“The mechanism for a speedy adjudication of the merits of Movant's claim, overall judicial economy and the interests of the parties, therefore, favor relief from stay.”
A discharge objection failed where the creditor did not prove that omitted business assets had marketable value or that the debtor's valuation was knowingly false.
“Plaintiff did not provide evidence Debtor’s opinion of the LLC’s value was incorrect.”
Procedural preferences
The appellate panel enforced ordinary evidentiary procedures against a self-represented litigant while reviewing the trial court for abuse of discretion.
“Given that pro se litigants are bound by the same procedural rules as counseled litigants, the Bankruptcy Court did not abuse its discretion by not admitting all of the exhibits on Winick’s exhibit list.”
Cautions
A Chapter 7 debtor's ability to repay selected creditors outside bankruptcy does not alone establish cause for voluntary dismissal.
“Finally, even if Appellant’s proposal were sound, Appellant’s ability to repay her debts alone does not constitute adequate cause for dismissal.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court has considered each of the applicable Curtis factors and finds that they support granting relief from stay in order to allow the New York action to continue against Debtor.”
“the court finds Plaintiff did not satisfy its burden that a fraudulent transfer occurred, finding for Defendant and against the Plaintiff.”
“As the court rules in favor of Defendant, Plaintiff is not entitled to an award of interest, therefore, denies the request.”
“The court having found for Defendant Equitable, denies the request to disallow Equitable’s proof of claim.”
“However, this court finds Ms. Ridley did not act with the intent to defraud her creditors. Her actions were unintentional.”
“the court finds for Defendants, Mr. and Mrs. Rael and against the U.S. Trustee, determining Debtors’ discharge shall be entered.”
“As stated above, the court finds in favor of Debtor/Defendant’s Motion for Summary Judgment.”
“Therefore, the court shall grant the U.S. Trustee’s Motion to Convert”
“The court reviewed the docket, testimony and documentary evidence and approves the Motion.”
“Therefore, the court finds in favor of Debtor Shane Thomas Aylesworth and against Plaintiff Hagar Industries, Inc.”
“For the reasons stated on the record, the court granted and denied the motion in part.”
“As to the named defendants in this proceeding, title to the Roberts Property is quieted in the Trustee.”
“As to non-party Heidi Christensen, the Trustee is entitled to turnover of legal title to the Roberts Property under Section 542(a).”
“With respect to the construction equipment claims, the court concludes the Trustee has failed to meet his burden of proving Debtor had a property interest in the construction equipment on the Petition Date.”
“The court addressed the evidence involving Ms. Wait during the trial rendering Debtor’s Motion in Limine moot.”
“Accordingly, the denial of Debtors’ claim of exemption in the Trailer was an abuse of discretion, and the Bankruptcy Court’s decision is REVERSED.”
“We therefore REVERSE the order allowing the exemption under Oklahoma law.”
“For the foregoing reasons, we AFFIRM the Bankruptcy Court.”
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