Peter H. Carroll
How Judge Carroll rules, drawn from 9 signed orders. Every observation links to the order it came from.
Judge Carroll no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Carroll decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
A complaint survived dismissal where its allegations stated a plausible statutory basis for relief.
“Because Dufrane’s Complaint states a plausible claim for relief, the court will deny SunTrust’s Dismissal Motion under Rule 12(b)(6).”
Cautions
Concealment and dissipation of estate assets while a trustee was attempting recovery supported an inference of intent to hinder creditors.
“Miller’s failure to disclose transfers and assets, as well as the dissipation of estate funds with knowledge of Trustee’s efforts to recover said funds, are ‘badges of fraud’ indicative of an intent to hinder or delay, if not defraud, creditors.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated, the Asafs have failed to establish that a discharge should be denied either Orian or Ru under 11 U.S.C. § 727(a)(2)(A), (a)(3), (a)(4) or (a)(5), or that the debt claimed to be owing by Orian and/or Ru to the Asafs should be determined nondischargeable under either 11 U.S.C. § 523(a)(2)(A), (a)(4) or (a)(6).”
“the court will enter a judgment in favor of Keel denying the relief requested by Burkhardt and dismissing this adversary proceeding with prejudice.”
“VHS’s Reichardt I Dismissal Motion be granted, in part, and denied, in part”
“the monetary sanctions sought against Petersen be denied”
“MetLife’s Reichardt I Rule 12(b)(6) Motion be granted”
“the court will grant the Motion and enter summary judgment in favor of the United States and ECMC”
“The Munch Cross-Motion will be denied.”
“Because Dufrane’s Complaint states a plausible claim for relief, the court will deny SunTrust’s Dismissal Motion under Rule 12(b)(6).”
“the court will grant the motions of Nipomo and Costa Pacifica to dismiss MVE’s Complaint without leave to amend.”
“the Motion filed by the Bollags and MBB will be granted as to Silva’s Fourth and Sixth Claims for Relief.”
“the court will enter an order granting Plaintiff’s Motion against Miller on Plaintiff’s claims against Miller under 11 U.S.C. § 727(a)(2)(A), (a)(2)(B), (a)(4)(A) and (a)(6)(A).”
“granting the Difabritis Motion against Kimball with respect to the First Claim for Relief”
“deny the Difabritis Motion against Kimball with respect to the Second Claim for Relief”
“deny the Penman Motion as moot”
A historical record
Judge Carroll 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.