Daniel P. Collins
How Judge Collins rules, drawn from 10 signed orders. Every observation links to the order it came from.
How Judge Collins decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For Subchapter V confirmation, Collins requires evidence that a proposed repayment structure is feasible and that the effective-date interest rate is a market rate.
“Debtor’s Plan is denied confirmation because Debtor has failed to carry its burden”
He enforces broad commercial guaranties according to their text, including advance consent to later contract modifications and waivers of surety defenses.
“The Simon Guaranty is clear and unambiguous.”
Procedural preferences
He will use dismissal, a refiling bar, and restitutionary fees together when the record establishes that a debtor used bankruptcy in bad faith and withheld required information.
“the Debtor filed and prosecuted this Chapter 13 case in bad faith, for improper purposes”
Cautions
Curable disclosure defects and the absence of estate harm may not justify disqualification or fee disgorgement.
“No harm or inconvenience has”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court denies AAA’s 15 Motion for Summary Judgment on the disguised financing issue but grants AAA’s 16 Motion for Summary Judgment finding the Shade Structure is a fixture.”
“NSOP’s Partial Motion for 24 Summary Judgment is denied.”
“IT IS HEREBY ORDERED dismissing the Debtor’s bankruptcy case.”
“IT IS FURTHER ORDERED that the Debtor is barred for a period of two (2) years”
“IT IS FURTHER ORDERED awarding Bluestone, and ordering the Debtor to 19 immediately pay, reasonable attorneys’ fees incurred by Bluestone in connection with the 20 Debtor’s bankruptcy case in the amount of $414,612.60, and reimburse Bluestone for its out- 21 of-pocket costs in the amount of $10,023.74 as restitution”
“the Court partially denies Guarantors’ 10 Motion for Summary Judgment and partially grants ICR’s Motion for Summary 11 Judgment.”
“The Court denies Harvard and Harvard TR Guarantors’ Motion for Summary 13 Judgment.”
“The Court partially grants ICR’s Motion for Summary Judgment against Debtor.”
“The Court now grants summary judgment in favor of Inscription Canyon Ranch, 9 L.P. (‘Plaintiff’ or ‘ICR’) and against Simon”
“The Lender’s claim for post-Petition Date late charges is denied.”
“default interest at 57% per annum is denied and reduced to 31%, 5% over the non-default”
“Debtor’s Plan is denied confirmation because Debtor has failed to carry its burden”
“Lender is hereby directed to lodge a form of order granting the Stay Lift Motion,”
Collins held that a Subchapter V plan may modify a fully matured loan subject to confirmation standards, but the order set legal parameters for a later evidentiary hearing rather than finally disposing of the stay motion or confirming a plan.
“Kearney $428,573 plus interest earned on this amount since the Holdback was created.”
“Both Kearney and Okland’s requests for attorneys’ fees are denied.”
“ORDERED denying the Motion because the Law Firm’s initial disclosure”
“Debtor’s Objection to the Current Amended POC filed by River Flow is denied.”
Caseload & timing
From public federal docket records for this judge.
The eight terminated sampled matters ranged from 60 to 2,298 days, with a median of 502 days. The fixed sample combines early post-appointment cases with recent pending matters and is descriptive only.
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