Alan M. Ahart
How Judge Ahart rules, drawn from 5 signed orders. Every observation links to the order it came from.
Judge Ahart no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ahart decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Charitable transfers were protected where their yearly amounts remained consistent despite variation in the percentage of the debtors' income.
“This Court finds that the 2005 Transfers were consistent with Debtors’ practice in making charitable contributions.”
A completed Chapter 13 plan could not be modified after the debtor made every required payment.
“Once the debtor completes the payments called for by the plan, the plan cannot be modified and the debtor is entitled to a discharge.”
An insurer could recover reasonable fees through equitable subrogation to an oversecured creditor's contractual rights.
“Such right of subrogation must be determined on a case by case basis according to equitable principles.”
Procedural preferences
Conversion from Chapter 13 to Chapter 7 did not create a new stay or undo an existing stay-relief order.
“Conversion of a bankruptcy case to Chapter 7 does not trigger a new automatic stay.”
California homestead protection required the debtors to satisfy continuous residency before the bankruptcy filing.
“The Debtors are not entitled to the Article 4 dwelling exemption because they vacated the Glendale property before the case was filed.”
Cautions
An avoidance claimant remained responsible for proving every element of constructive fraud.
“The Trustee had the burden of proving there was a constructively fraudulent transfer under § 548.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Therefore, the trustee’s objection to discharge is overruled, her motion to vacate discharge is denied, and the debt- or’s discharge is affirmed.”
“Thus, First American shall receive reimbursement for the Allen/Matkins’ fees in the reasonable amount of $16,752.94 as the holder of an allowed oversecured claim under section 506(b).”
“As a result, the trustee’s objection is sustained.”
“A separate order shall be entered denying the motion as moot.”
“Therefore, the 2005 Transfers may not be avoided under § 548(a)(2)(A) or (B).”
Caseload & timing
From public federal docket records for this judge.
The five sampled bankruptcy matters were terminated, but their empty electronic timelines do not support a motion or duration analysis.
A historical record
Judge Ahart 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.