Scott H. Gan
How Judge Gan rules, drawn from 3 signed orders. Every observation links to the order it came from.
How Judge Gan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For stay relief involving a mature state-law dispute, Gan weighs judicial economy, the competence of the state forum, and whether continued litigation will affect the bankruptcy estate.
“Procaccianti has established cause under §362(d)(1) for relief from the stay to permit”
He treats bankruptcy avoidance claims filed after the governing limitation period as futile and subject to dismissal with prejudice.
“DFG’s § 547 claims in 11 Count I of the Arizona Complaint are DISMISSED with prejudice for futility as to all defendants 12 without leave to amend.”
Procedural preferences
For objections to a debtor's claimed exemptions, Gan requires a noticed procedure that preserves the objector's burden of proof rather than allowing relief by negative notice.
“Judge Gan will no longer accept a 21-day negative notice/bar date procedure for objections to exemptions claimed by the debtor.”
Cautions
A creditor seeking stay relief should distinguish between authority to continue in rem litigation and authority to collect a personal judgment against the debtor.
“Procaccianti is not authorized to take any collection action with respect to the judgment 20 against the Debtor personally without further order of the Court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Procaccianti’s Motion for Relief from the automatic stay is granted.”
“all Counts against, Carroll, Despain, Hendon, Johnson, 8 Meda, Nell, Olguin, and Swart are DISMISSED with prejudice without leave to amend.”
“Arizona Complaint, Count I, and California Complaint, Count II – claim of fraudulent 10 transfer – against Vasquez is DISMISSED without prejudice with leave to amend. All remaining 11 Counts against Vasquez are DISMISSED with prejudice without leave to amend.”
Gan entered final judgment for Gil Olguin after the May 5 dismissal order. This judgment is retained as signer-confirmed evidence but excluded from statistics to avoid counting the same dismissal motions twice.
Caseload & timing
From public federal docket records for this judge.
Fourteen terminated sampled matters lasted from 50 to 1,099 days, with a median of 274 days. The fixed sample is descriptive and is not a complete caseload census.
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