Benjamin G. Cohen
How Judge Cohen rules, drawn from 22 signed orders. Every observation links to the order it came from.
Judge Cohen no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cohen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Stay relief favored the forum with the specialized expertise needed to complete a complex insurance dispute.
“the expertise of the District Court, including Judge Ott, is needed.”
A later veil-piercing judgment created a new obligation rather than reviving a debt that could have been scheduled earlier.
“The post-bankruptcy ‘piercing’ judgment created a new and distinct obligation which did not come into existence until after the debtor filed her previous case.”
Collective-bargaining rejection failed where the union's counterproposal supplied good cause for rejecting the debtor's proposal.
“the Court finds that the Union acted with good cause when it refused Bruno’s proposal”
Procedural preferences
The police-power exception was construed narrowly but still covered a public courthouse condemnation action.
“Congress intended this exception to be given a narrow construction.”
A general jury verdict did not establish the specific findings needed for issue preclusion in a nondischargeability action.
“this Court cannot know what the jury relied on”
A post-foreclosure mortgage claimant could amend only to pursue a properly grounded waste claim.
“he should file an amended proof of claim within fifteen (15) days of this order.”
Cautions
Interim turnover relief was unavailable without adequate protection for the counterparty's property interest.
“The Debtor has neither offered adequate protection to the Defendants nor proposed a method for providing adequate protection.”
A debtor could not force a postpetition creditor to file a claim or include the debt through unilateral schedule amendment.
“it is within the postpetition creditor’s control whether a proof of claim is filed for a postpetition debt.”
Reinstating a dismissed bankruptcy case did not retroactively recreate the automatic stay.
“vacating the order dismissing the case did not reimpose the automatic stay retroactively”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court concludes that the Debtor’s motions are due to be denied.”
“the Debtor’s amendment and motion are due to be denied”
“the defendant’s Motion for Summary Judgment is Granted;”
“the Debtor’s Motion to Alter or Amend Judgement is due to be denied.”
“The debtor’s Objection to Claim No. 2 is SUSTAINED;”
“The claimant’s oral Motion for Relief from the Stay is DENIED.”
“the student loan due the defendant is not dischargeable in this case and that the relief prayed for by the debtor should be denied.”
“The confirmation order entered on February 24, 1 997 is vacated as to Elizabeth O’Neal;”
“any relief requested by the movant pursuant to section 109 is due to be denied.”
“the objection to confirmation is due to be overruled.”
“The Court does not find that its final judgment was unjust or unfounded or would become so as the pending motion is denied.”
“The debtor’s Oral Motion to Convert to Chapter 7 is GRANTED;”
“The Motion to Withdraw as Attorney filed by Donna Beaulieu is GRANTED;”
“The Motion for Summary Judgment filed by the plaintiff is GRANTED;”
“the defendant is due to be enjoined from foreclosing on the debtors’ home as scheduled for November 3, 2005.”
Caseload & timing
From public federal docket records for this judge.
The five sampled bankruptcy matters were terminated, but their empty electronic timelines do not support a motion or duration analysis.
A historical record
Judge Cohen 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.