Brenda Moody Whinery
How Judge Whinery rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Whinery decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In valuation disputes, Whinery looks for methods suited to the asset and gives more weight to an appraisal that uses supported primary methods with other approaches as cross-checks.
“the Newmark Appraisal provides a credible and reliable opinion of market value for the Hotel.”
She approved a settlement where the evidence showed a better creditor return, broad creditor support, and no discernible benefit from the competing proposal.
“the evidence supports that the Settlement represents a higher and better return for creditors than the Leonard Offer.”
A discharge objection succeeded where material omissions were knowing, fraudulent, and intended to conceal assets and information from creditors and the court.
“The record before the Court reflects that the Kittrells made the Omissions with the clear intention and purpose of deceiving creditors.”
Procedural preferences
Whinery requires objections to claimed exemptions to be set for hearing rather than presented through a 21-day negative-notice procedure.
“As a limited exception to Local Rules 9013-1(l) and 2002-2, Judge Whinery will no longer accept a 21-day negative notice/bar date procedure for objections to exemptions claimed by the debtor.”
A moving party must provide proof that its hearing notice was filed before the matter will be placed on the calendar.
“The matter will not be placed on calendar until the moving party provides, via email to the courtroom deputy, the docket entry number or a copy of the ECF filing receipt for the notice of hearing.”
When evaluating a timely request to extend a dischargeability deadline, she considered whether the creditor acted promptly after learning of the case rather than sitting on its rights.
“This is not an instance of a creditor sitting on her rights.”
Cautions
Estate professionals should maintain a current command of accrued fees before proposing a settlement that may limit funds available for administrative expenses and creditors.
“An attorney for an estate should always know, or have the ability to quickly determine, the outstanding amount of his fees.”
A request to continue or vacate a hearing submitted within seven days may not prevent the hearing from going forward.
“IF A REQUEST TO VACATE OR CONTINUE A HEARING IS RECEIVED WITHIN 7 DAYS OF THE HEARING, THE HEARING MAY PROCEED AS SCHEDULED DESPITE THE PARTIES’ REQUEST TO VACATE OR CONTINUE THE MATTER.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“is terminated as to CAG ACCEPTANCE, LLC, and Movant may proceed with all valid legal rights and remedies against the Property pursuant to non-bankruptcy law.”
The memorandum explains why material omissions concerning a family trust warranted denial of discharge. The contemporaneous judgment carries the classified outcome.
“IT IS HEREBY ORDERED denying the Debtors a discharge pursuant to 11 U.S.C. § 727(a)(4)(A).”
“IT IS HEREBY ORDERED that the objections to the Debtor Plan are sustained in part and overruled in part.”
“IT IS FURTHER ORDERED that confirmation of the Debtor Plan is denied.”
“IT IS FURTHER ORDERED that the objections to the Brycon Plan are sustained in part and overruled in part.”
“IT IS FURTHER ORDERED that confirmation of the Brycon Plan is denied.”
“IT IS HEREBY ORDERED that the UST Motion is granted as set forth herein.”
“IT IS HEREBY ORDERED that the United States Trustee’s Objection to: (1) First Amended Application for Allowance of Administrative Expense – Attorney Fees and Reimbursement of Costs; and (2) Entry of an Order Approving Trustee’s Final Report (Dkt. 130) is sustained and denied in part, as set forth herein.”
“IT IS FURTHER ORDERED that pursuant to the Amended Application, Mr. Smith is awarded attorney’s fees in the reduced amount of $17,308.75, together with expenses in the amount of $221.34.”
“IT IS HEREBY ORDERED that the Objection is sustained in part and overruled in part.”
“IT IS HEREBY ORDERED that the Hotel’s ‘as is’ fair market value as of the Valuation Date was $12,600,000.”
“IT IS HEREBY ORDERED granting the Motion as modified herein.”
“IT IS HEREBY ORDERED overruling the Leonard Objection.”
“IT IS FURTHER ORDERED granting the Settlement Motion and approving the Settlement in its entirety.”
“it is the determination of this Court that the Illinois Judgment, which is nondischargeable pursuant to this Court’s § 523 Judgment, is a community debt, and that the Community is liable for such debt.”
“it is the determination of this Court that the § 523 Judgment has no effect on the interest to which Dr. Patel is entitled under applicable state law, and that any such interest is nondischargeable.”
Caseload & timing
From public federal docket records for this judge.
Thirteen terminated sampled matters lasted from 78 to 2,602 days, with a median of 1,085 days. The fixed sample is descriptive and is not a complete caseload census.
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