George B. Nielsen Jr.

How Judge Nielsen rules, drawn from 18 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the District of Arizona
Position
bankruptcy
Status
Recalled to service
Commissioned
1983-07-11
Signed orders read
18

How Judge Nielsen decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

The court focused lien-avoidance analysis on whether the creditor had completed every state-law perfection step before the bankruptcy filing.

“The focus is whether, by the commencement of the case, the creditor has taken all necessary steps to perfect its liens.”

Procedural preferences

Fraud-based discharge claims had to identify the alleged conduct and statutory grounds with particularity before the case could proceed.

“The circumstances constituting fraud are to be stated with particularity — other than malice or intent which may be generally averred.”

Cautions

Conversion after plan confirmation did not itself recreate an estate when the plan and confirmation order had vested the property in the debtor.

“There is no provision directing that upon conversion, the Court retains jurisdiction over debtor’s property. Accordingly, there is no estate property to administer and conversion is in no party’s interest.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Nash
B-83-2590-PHX-GBN; B-83-2591-PHX-GBN · 1985-05-14
Motion for relief from automatic stay (Palo Verde Management and Financial Services Co.) Granted

“Movant, possessing a valid lien as a holder in due course, is entitled to relief from stay to foreclose upon the parcel as debtors' property.”

Hays v. Berg (In re Aledo Financial Services, Inc.)
· 1986-08-14
Motion for reconsideration (the Arizona defendants) Denied

“the motion for reconsideration or for separate Arizona trials is denied.”

Motion to bifurcate or sever (the Arizona defendants) Denied
Mazzocco v. Smith (In re Smith)
· 1988-02-02
Motion for more definite statement (the debtors) Granted

“Accordingly, plaintiffs will be required to promptly amend their complaint to cure these defects.”

Motion for sanctions (the debtors) Denied

“Accordingly, the sanction request is denied.”

Sellner v. Sellner (In re Sellner)
· 1989-01-19
Summary judgment (Regina Marie Sellner) Denied

“the government’s papers will be deemed a cross-motion for summary judgment and granted.”

Cross motion for summary judgment (United States) Granted
In re Banchik
· 1990-06-05
Objection to claim (bankruptcy trustee) Granted

“The objection is sustained.”

In re Hutchinson
· 1992-01-13
Summary judgment (Thomas and Sandra Hutchinson) Denied

“the State’s motion for summary judgment is granted and debtors’ motion for summary judgment is denied.”

Cross motion for summary judgment (Industrial Commission of Arizona) Granted
Pilcher v. Hemar Service Corp. of America (In re Pilcher)
· 1992-05-07
Summary judgment (Linda Lorraine Pilcher) Granted

“Defendant HICA’s motion for summary judgment is denied; plaintiff’s motion for summary judgment is granted.”

Cross motion for summary judgment (Hemar Insurance Corporation of America) Denied
In re Woodhall
· 1992-06-12
Application for administrative expense (Wadsworth Golf Construction Co.) Denied

“the application is denied. The objections to the administrative claim by debtors and the United States Trustee are sustained.”

Sirek v. Dalton (In re Dalton)
· 1992-10-13
Motion for partial summary judgment (bankruptcy trustee) Granted

“the trustee’s motion for partial summary judgment is granted.”

In re Thunderbird Inn, Inc.
· 1993-02-17
Motion to use cash collateral (Thunderbird Inn, Inc.) Granted

“Accordingly, the debtor’s motion for use of cash collateral is granted.”

Estate of Morris v. Morris (In re Morris)
· 1993-05-27
Summary judgment (the secondary beneficiaries) Granted

“Plaintiffs' motion for summary judgment is granted.”

Motion for relief from automatic stay (the secondary beneficiaries) Granted

“Plaintiffs’ request to lift the automatic stay is granted.”

In re Smith
· 1993-09-14
Objection to claim (the debtors) Granted in part

“The objection to the claim is partially overruled and partially sustained.”

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Ezel grounds your drafting and research in this profile: what has persuaded Judge Nielsen, and what has not, cited to the signed orders.

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