Arthur B. Briskman
How Judge Briskman rules, drawn from 13 signed orders. Every observation links to the order it came from.
Judge Briskman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Briskman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
A late formal proof of claim could amend an informal claim only if something capable of amendment had actually been filed before the bar date.
“before a court will allow a party to file a formal claim amending an informal claim, there must be something filed with the court capable of being amended.”
Cautions
Government action fell outside the police-power exception when it adjudicated private rights rather than serving public safety or public policy.
“If the governmental action is primarily related to public safety or to effectuate public policy, the action or proceeding is excepted from the automatic stay. However, governmental actions or proceedings to adjudicate private rights are 'not excepted from the automatic stay.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Debtors’ Third Amended Plan of Reorganization dated November 24, 1995 is hereby CONFIRMED, subject to the conditions contained in Paragraphs 49 and 50 herein with respect to the Debtors’ waiver of the statute of limitations contained in I.R.C. § 6502 and the modification to Article 6 of the Plan with respect to default.”
“The objection of the Internal Revenue Service to confirmation of the Plan is without merit, and the objection is overruled.”
“The objections to confirmation filed by the Mobile County Tax Commissioner and the Alabama Department of Revenue are overruled.”
“The August 18,1995 order is amended so as to reflect that the recorded notices of federal tax liens have a first priority lien position on the Debtors’ homeplace with respect to the Secor Bank mortgage lien.”
“The motions of the Internal Revenue Service for relief from stay and to dismiss this case are denied.”
“ORDERED, ADJUDGED and DECREED that the relief sought in the declaratory judgment complaint of the Debt- or, Sylvia Elizabeth Brock Williams, is DENIED in part and GRANTED in part;”
“ORDERED, ADJUDGED and DECREED that the prepetition levy by the United States of America Department of Treasury, Internal Revenue Service of Sylvia Elizabeth Brock Williams’ wages is a preference proscribed by 11 U.S.C. § 547(b) and, to the extent of $1,400.00, is due to be AVOIDED;”
“ORDERED, ADJUDGED and DECREED that Selwyn H. Turner, Jr.’s Motion for Summary Judgment is GRANTED;”
“ORDERED, ADJUDGED and DECREED that Ella Faye Dees’ Cross-Motion for Summary Judgment is DENIED;”
“The payments will provide Townsend the ability to meet immediate living expenses necessary to reestablish herself in the community and are nondis-chargeable pursuant to 11 U.S.C. § 523(a)(5).”
“UCON’s complaint for distribution of proceeds from the collection of accounts receivable is due to be granted.”
“Sunburst’s counterclaim for distribution of proceeds from the collection of accounts receivable collected by the Trustee and Am-South and declaration of priority of a perfected security interest held by Sunburst Bank is due to be denied.”
“The Debtor’s objection to CJV’s claim is therefore due to be overruled.”
“Based on the foregoing, this Court finds the Claimant’s Motion for allowance of the Proof of Claim filed May 10, 1990 is due to be denied,”
“the Debtor’s Objection to allowance of the Claimant’s claim is due to be sustained.”
“It is ORDERED, ADJUDGED and DECREED that the motion of the debtors, Robert A. Kuck and Michelle L. Kuck, for summary judgment on their motion to hold the Alabama Department of Public Safety and Captain H.B. Miller in contempt for violation of the automatic stay is GRANTED in part;”
“ORDERED, ADJUDGED and DECREED that the motion of the defendant, the Alabama Department of Public Safety and Captain H.B. Miller, for Summary Judgment on the Plaintiff’s motion to hold the Alabama Department of Public Safety and Captain H.B. Miller in contempt for violation of the automatic stay is DENIED.”
“Based on the foregoing, the Mov-ant’s motion for relief from the automatic stay is due to be granted,”
“the Claimants’ Joint Conditional Objection to the amended plan is due to be overruled;”
“the Debtors’ amended plan is due to be confirmed;”
“the Claimants’ Joint Complaint for Declaratory Judgment and Coercive Relief are due to be denied.”
“the Movant’s motion for payment of an administrative expense of prepetition and post-petition rent and property taxes in the amount of $29,350.60 is due to be granted”
“the movant’s motion for relief from the automatic stay is due to be denied.”
A historical record
Judge Briskman 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.