Kathleen Thompson Lax
How Judge Lax rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Lax no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lax decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Fee shifting based on a debtor's amended exemption required substantially more egregious facts than ordinary delay and litigation expense.
“In the absence of facts much more egregious than those presented in this case, this court declines to expand the fee-shifting exception raised in Arnold and Tran.”
Cautions
Contractual priority and lien rights controlled a sale-proceeds dispute; an appeal to general fairness did not override the negotiated allocation.
“the court does not have the discretion to impose some ‘fairness’ standard on Dayco, as UCB’s successor, that is directly contrary to Dayco’s contractual and lien rights.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated herein and in the Debtors’ Opposition to the Motion and Debtors’ supporting authorities, the Motion to Dismiss Debtors’ chapter 13 case based on § 1307(c) is denied.”
“Based on the foregoing, the Debtors are not eligible for relief in chapter 13 because they exceed the debt limits.”
“for a total claim of $563,464.78 as of February 10, 2009.”
“Kest is directed to record a reconveyance of the trust deed on San Miguel;”
“Based on the foregoing, the Debtor’s motion should be denied either for failure to prosecute or because no relief on this matter can be granted in this case.”
“Based on the foregoing, the Motion to Dismiss is granted in part and denied in part. The cause of action for violation of the discharge injunction is dismissed. Otherwise, the motion to dismiss the 1st, 5th, and 9th claims for relief are denied.”
“The difference between these sums, $9,553.44, should be paid to those entities or categories who remain unpaid, in the priority set out in the Schedule. In this case, these sums should be paid on a pro rata basis to those who have provided floors and countertops on Lot No. 1; i.e., JPS Surface Solutions and Paradise Homes.”
“the Final Application of Trustee’s Counsel is approved as follows: fees in the amount of $149,600.00 and costs in the amount of $7,604.85.”
“Fees in the amount of $17,418.50 and expenses of $298.64 for the period from February 15, 2003, through May 25, 2004, are approved as prayed.”
“The court approves the following: compensation to the Trustee in the amount of $34,446.41 and costs in the amount of $423.09.”
“Summary judgment in favor of Plaintiff in the amount of $28,551.80, plus interest thereon, representing pension benefits received by Debtor after divorce but prior to court division of the benefits, is GRANTED under §523(a)(4) and such amount is declared nondischargeable in this bankruptcy case.”
“Summary judgment under Section 523(a)(6) is DENIED.”
“Summary judgment for any portion of Plaintiff’s claim addressed solely by the provisions of §523(a)(15) is DENIED.”
“Plaintiff’s motion to strike Debtor’s opposition is DENIED.”
“Based on the foregoing, the Creditor’s request for an award of fees is DENIED.”
“In favor of Christen under 11 U.S.C. §523(a)(6);”
“In favor of Himber under 11 U.S.C. §523(a)(2)(A), 11 U.S.C. §523(a)(2)(B), and 11 U.S.C. §523(a)(4).”
“Debtor’s objection to the claim of Weisman is SUSTAINED IN PART and OVERRULED IN PART as set forth in this court’s memorandum. Weisman’s claim is allowed in the amount of $166,952.67.”
“Thus, the injunction does not constitute a claim under Section 101(5)(B).”
“As a result, the court finds the money damages debt nondischargeable under Section 523(a)(6).”
“the court finds that the Missouri judgment provides the basis for concluding that the money damages debt is non-dischargeable by virtue of Section 523(a)(4) as well.”
A historical record
Judge Lax 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.