James M. Marlar
How Judge Marlar rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Marlar no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Marlar decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court favored a transaction that reduced secured debt, generated funds for priority and unsecured creditors, and left voting rights on the reorganization plan intact.
“The evils associated with ‘creeping’ plans are not present here.”
Procedural preferences
A recent valuation obtained for confirmation could not be reopened merely because economic variables continued to move.
“the parties must live with the value found, and not seek to change it due to continuing fluctuations of economic variables.”
Cautions
Post-petition financing could not be diverted to a single pre-petition debt without the protection of a confirmed plan.
“It is not appropriate to do so in the absence of a confirmed plan.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED granting the Debtor’s Motion to Enforce Settlement.”
“IT IS ORDERED granting summary judgment, in favor of the plaintiff, on the ‘timing’ issues of §§ 523(a)(1) and 507(a)(8)(A);”
“the Fores are authorized to retain $201.92, and to remit, within 10 days, the balance of the $500 fee, or $298.08, to Margo Itule”
“IT IS ORDERED denying the Motion For New Trial.”
“The sale of the debtors’ property located in Metairie, Louisiana, to the Maurice Eagan Family, L.L.C. is approved;”
“The objections of creditors Roberts and MetLife are overruled.”
The court separated perfected and unperfected software-related collateral categories but reserved allocation of the sale proceeds for trial or stipulation.
“Robert Highsmith’s Objections to Confirmation are OVERRULED.”
“The Internal Revenue Service’s Objection to Confirmation is sustained.”
“It is HEREBY ORDERED that Trustee’s motion is GRANTED.”
“Judgment for plaintiff against 9 Lives for money damages of $2,303,908.50 or a return of the aircraft in acceptable return condition.”
“Other than $85,000 previously awarded at summary judgment stage, no further judgment against BAE Aviation or Turbo Aire.”
“Judgment for defendants Clark and Cole.”
“Accordingly, the Moreno claim must be disallowed as being untimely filed.”
“it must deny Pima County’s request.”
“the Trustee’s objection thereto is overruled.”
The court held the post-petition modified option agreement void for lack of notice and approval while defining the terms under which the original option could be exercised.
A historical record
Judge Marlar 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.