Herbert A. Ross

How Judge Ross rules, drawn from 19 signed orders. Every observation links to the order it came from.

Judge Ross no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the District of Alaska
Position
bankruptcy
Status
Retired 2000
Served
1986–2000
Commissioned
1986
Education
Western Reserve University (B.A. in psychology, 1958); University of San Francisco (J.D., 1964)
Signed orders read
19

How Judge Ross decides

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

What persuades

A creditor established nondischargeability where the debtor obtained a cash advance shortly before bankruptcy without intending repayment.

“the claim nondischargeable.”

A trustee prevailed on lien priority where the governing state-law analysis did not extend a second deed of trust to later advances.

“An order granting summary judgment to the trustee will be entered.”

A Chapter 11 plan cleared feasibility review after the debtor's recent operating performance improved and the record showed a reasonable prospect of success.

“the plan has a reasonable chance of succeeding.”

Procedural preferences

Even an unopposed sanctions request required proper service and compliant notice before relief could be entered.

“unrepresented debtors must comply with the bankruptcy rules,”

An unopposed abandonment motion still needed a complete factual explanation of the property's value and encumbrances.

“the court is unwilling to rubber stamp the unopposed motion.”

Cautions

A debtor could not preserve separate claim classification merely to obtain an accepting impaired class without a valid business or economic justification.

“The separate classification is disapproved.”

Reaffirmation approval was withheld where the debtor's stated budget did not reliably cover the proposed payments.

“approval of two reaffirmation agreements”

Signed rulings

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

Chase Manhattan Bank USA, N.A. v. Adee
05-90003 · 2005-06-13
Nondischargeability adversary claim (Chase Manhattan Bank USA, N.A.) Granted

“That makes 5 the claim nondischargeable.”

Preference offset counterclaim (debtor) Denied

“There is no offset due to a preference since there was no preference.”

In re Walter J. Kurka
05-02264 · 2005-12-30
Application to waive bankruptcy filing fee (debtor) Granted

“He qualifies for waiver of the filing fee.”

Request to waive prefiling credit counseling (debtor) Granted

“pre-filing credit counseling session is waived because of his disability.”

Request to waive financial management instruction (debtor) Granted

“shall not be required to attend post-filing financial”

Mosby v. Radney
06-90055 · 2006-12-22

The memorandum announced an intended summary-judgment disposition but allowed a later objection period, so it is retained for context without a classified final outcome.

In re Kathryn Leanne Herman and Roger Dean Herman
07-00138 · 2007-05-15
Motion for automatic stay sanctions (debtors) Denied

“MEMORANDUM DENYING UNOPPOSED MOTION FOR 28 SANCTIONS FOR VIOLATION OF AUTOMATIC STAY”

Anagick-Walters v. Alaska Commission on Postsecondary Education
07-90010 · 2007-07-10
Summary judgment (Alaska Commission on Postsecondary Education) Granted

“it is entitled to a summary judgment of non-dischargeability”

In re Comtec Business Systems, Inc.
07-00143 · 2007-09-11
Motion to compel abandonment (debtor) Denied

“the court is unwilling to grant the abandonment”

Battley v. Biliran
07-90017 · 2007-11-26

The bankruptcy court recommended withdrawal of the reference for a jury-trial matter; the document did not contain a final district-court disposition.

In re Kathleen Kinne Nelson
08-00285 · 2008-09-12
Reaffirmation agreement approval (debtor and Toyota Motor Credit Corporation) Denied

“my reason for denying 14 approval of two reaffirmation agreements”

Reaffirmation agreement approval (debtor and Wells Fargo Financial Alaska, Inc.) Denied
In re Lynn H. Lythgoe, Jr.
07-00658 · 2009-07-06
Objection to professional fee payment (K&W Interiors, Inc.) Denied

“BP&K prevails under this scenario.”

In re Allen Henry Choy, LLC
09-00429 · 2010-03-03
Disclosure statement approval (debtor) Granted

“the court approved the disclosure statement”

Chapter 11 plan confirmation (debtor) Granted

“The debtor’s straight forward plan is entitled to confirmation.”

In re Duke Investments, LLC
09-00631 · 2010-06-01
Chapter 11 plan confirmation (debtor) Granted

“The plan1 will be confirmed.”

In re Robert Glenn Chambers and Elaine Dolores Chambers
07-00572 · 2010-11-10
Motion to avoid judicial lien (debtors as to Black & Decker) Granted in part

“Black & Decker will retain a $6,280.50 judgment lien”

Motion to avoid judicial lien (debtors as to Makita U.S.A.) Granted

“two other liens will be avoided.”

Motion to avoid judicial lien (debtors as to Milwaukee Electric Tool Corporation) Granted

Caseload & timing

From public federal docket records for this judge.

The fifteen terminated sampled matters lasted from 100 to 165 days, with a median of 112 days. The fixed sample is descriptive and is not a complete caseload census.

A historical record

Judge Ross 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.