Charles G. Case II
How Judge Case rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Case no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Case decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court evaluated household income by asking what the debtor actually received for shared household expenses rather than importing every dollar earned by a cohabitant.
“The Court finds that the Debtor is not required to include all of the Roommate’s income in current monthly income”
Procedural preferences
Parties were expected to protect valuation rights at confirmation instead of relying on a later conversion to reopen them.
“The law consistently places a burden on litigants to protect their rights and object if those rights are not being protected.”
Cautions
A debtor seeking to preserve the stay had to provide concrete evidence that an effective reorganization remained feasible.
“It is the Debtor’s burden to demonstrate that an effective reorganization is reasonably in prospect; it is not enough simply to assert that without the building, the church will have to relocate or close.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is ordered denying the UST’s motion to dismiss in its entirety.”
“judgment will be given to the Defendants on all counts.”
“the funds in excess of the exemption amount received as a result of the postcon-firmation, preconversion sale of Debtor’s home are not subject to turnover to the Trustee.”
“For the foregoing reasons, the Court denies Debtor’s motion for summary judgment and grants the ADOR’s cross-motion for summary judgment.”
“For the foregoing reasons, this Court denies Debtor and Fireman’s Fund’s Joint Motion for Summary Judgment.”
“Except as otherwise granted in part by prior Order of this Court, the Motion for Stay Relief filed by Movants is denied.”
“For these reasons, the Court finds that the tax refund is not exempt and grants the Trustee’s motion to compel.”
“Therefore, Debtors are entitled to exempt from the estate 75 percent of any award representing actual, unpaid wages.”
“For all the foregoing reasons, the Court grants summary judgment in favor of the IRS.”
“Therefore, IT IS ORDERED dismissing the Debtors’ petition.”
“Failure to pay within the cure period will result in the lifting of the automatic stay.”
“For the forgoing reasons, the Trustee’s motion for summary judgment on the priority of ENBC’s Support Center Lease claim is granted.”
A historical record
Judge Case 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.