Julia W. Brand
How Judge Brand rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Brand decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A fraudulent-transfer plaintiff who proved avoidability, transferee status, and failure of statutory defenses obtained judgment for the full transfer value.
“the Trustee is entitled to recover $299,500 from Defendant pursuant to 11 U.S.C. § 550(a).”
An involuntary job loss supported hardship relief where the debtor proved the statutory elements and plan modification was not practicable.
“Debtor has met her burden as to all elements of § 1328(b).”
Procedural preferences
Defective service did not prevent merits review where the principal opposing party had a meaningful opportunity to respond.
“because U.S. ROF III was able to substantively respond to the Motion and is the defendant that is most affected by the Motion and the Interim TRO, the Court considers the merits of the Motion”
Partial summary judgment may be resolved element by element rather than as a single all-or-nothing disposition.
“With respect to Transfer One, IFS is entitled to Summary Adjudication of the following issues”
A homestead analysis may separate a debtor's residence from income-producing improvements on the same parcel.
“The 1924 Bunker Ave duplex and appurtenant land and one-half of the garage are not part of Debtor’s exempt homestead.”
Cautions
A claim objection can fail simultaneously for untimely service, insufficient evidence, and failure to identify a statutory ground for disallowance.
“Debtor’s Claim Objection suffers from both procedural and substantive defects.”
Repeated filings and tactical dismissal requests can support dismissal with a refiling bar and defeat reconsideration.
“this was Debtor’s seventh bankruptcy filing within the Central District since 2008”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“all Four-Year Transfers totaling $299,500 are avoided as intentional fraudulent transfers”
“all Four-Year Transfers totaling $299,500 are avoided as constructive fraudulent transfers”
“those Four-Year Transfers that occurred within two years prior to the Petition Date totaling $149,500 are avoided as intentional fraudulent transfers”
“those Four-Year Transfers that occurred within two years prior to the Petition Date totaling $149,500 are avoided as constructive fraudulent transfers”
“the Trustee is entitled to recover $299,500 from Defendant pursuant to 11 U.S.C. § 550(a).”
“Transfer One was a transfer of an interest in IFS in property”
“on account of the antecedent Judgment”
“for the benefit of DC Media, creditor of IFS”
“while IFS was insolvent”
“IFS is not entitled to summary judgment on the issue of whether the transfer allowed DC Media to receive more than it would in a hypothetical liquidation under chapter 7”
“With respect to Transfer Two summary judgment is denied.”
“IFS is entitled to summary judgment in its favor on Transfer Three.”
“DC Media is not entitled to summary judgment on its second and fifth affirmative defenses.”
“Debtor’s Motion to Reconsider Order Denying Motion to Extend Time to File Notice of Appeal of Order Granting Relief from Stay is DENIED.”
“Debtor’s Motion to Recuse is DENIED”
“the Court denies the Motion and dissolves the Interim TRO of April 6, 2017.”
“Accordingly, the Court overrules Debtor’s Claim Objection.”
“For the foregoing reasons, Creditor’s Objection is sustained.”
“IT IS HEREBY ORDERED that the Motion is denied.”
“Based on the foregoing, the Motion is granted.”
“Accordingly, Debtor’s Motion for Hardship Discharge is granted.”
“IT IS THE ORDER OF THIS COURT that Debtor’s Motion is DENIED.”
“IT IS HEREBY ORDERED that the Trustee’s Objection is overruled.”
“Accordingly, the Trustees’ Motion is denied.”
Caseload & timing
From public federal docket records for this judge.
Five sampled early-tenure matters were terminated in 28 to 560 days, with a median of 162 days. Five recently filed sampled matters remained pending. This boundary sample is descriptive and is not a complete caseload census.
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