Brenda Kay Martin
How Judge Martin rules, drawn from 1 signed order. Every observation links to the order it came from.
How Judge Martin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For estate-funded professional compensation, Martin focuses on whether counsel remained retained under the specific Bankruptcy Code provisions governing court-approved employment.
“once terminated as debtor-in-possession, the debtor’s attorney’s services were also terminated.”
She will not use a general administrative-expense provision to bypass more specific statutory limits on professional compensation.
“allowing the fees under § 503(b)(1) would improperly circumvent more specific 11 provisions of the Code that do not allow for such fees.”
Procedural preferences
Martin requires pleadings to be filed on the docket and does not accept direct delivery to chambers by fax, personal delivery, or email.
“Judge Martin does not accept pleadings sent directly to chambers via fax, personal delivery or e-mail. All pleadings must be electronically filed before the time of the hearing.”
Cautions
After an objection to stay relief, the movant must promptly request a preliminary hearing or risk losing the statutory priority-hearing protection.
“Failure to promptly request a hearing will be deemed a waiver of the priority hearing provisions of 11 U.S.C. Section 362(e)(2).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS HEREBY ORDERED denying the Application.”
“WCS’s Motion to Strike Declarations of Katie McNally, Melissa Scott, and James E. Cross (Dkt. No. 889) that sought to strike the declaration of the Subchapter V Trustee to the extent it supported the Application is also deemed 23 moot.”
Caseload & timing
From public federal docket records for this judge.
Thirteen terminated sampled matters lasted from 2 to 417 days, with a median of 115 days. The fixed sample is descriptive and is not a complete caseload census.
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