Ralph G. Pagter
How Judge Pagter rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Pagter no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pagter decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Clear statutory deadlines controlled lease treatment when the debtor had not timely sought assumption or an extension.
“The statutory language of section 365(d)(4) is clear. Failure to assume a nonresidential real property, or obtain an extension to do so, within sixty days after commencement of the case, results in automatic rejection of the lease.”
Procedural preferences
Fee applicants were expected to separate tasks rather than combine distinct work into a single daily time entry.
“if different functions are performed at different times of the day, they must be stated separately.”
Cautions
A bankruptcy filing used to delay foreclosure without a genuine reorganization purpose supported monetary remedies.
“filed the within bankruptcy petition for a bad faith purpose, mainly to harass and delay parties from proceeding with their rights to foreclose.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“upon reconsideration, the state court actions are hereby removed to this court and the stay is annulled for the limited purpose of accomplishing the removal..”
“this court hereby annuls the stay for the limited purpose of removing the condemnation actions to the court, but otherwise denies Agency’s motion for relief from stay.”
“Debtor’s application for a 180-day extension of time to assume or reject the sublease is granted on the express condition that debtor pay all postpetition rent that has accrued during the sixty-day period, before the close of business on March 17.”
The bank retained a valid security interest, but the court deferred stay relief for current valuation evidence rather than finally resolving the request.
The findings concluded that protecting general-partner assets was necessary to prevent irreparable harm to the partnership estate, but the text reviewed did not contain the operative injunction.
“The Co-Trustees are allowed the sum of $29,460.00 as interim compensation, the sum to be prorated among the three cases in accordance with the amount of the respective fee requests.”
“Therefore, the motion is DENIED and instant adversary proceeding is DISMISSED.”
“Therefore, the trustee’s demand for a jury trial in the above-entitled adversary proceeding is hereby denied.”
“Pursuant to section 365(d)(4) the lease is deemed rejected. The debtor shall deliver-up possession of the premises forthwith to CPI or its authorized representative..”
“the stay is terminated, nevertheless, so that CPI may obtain possession through state court proceedings if the debtor disobeys this order.”
“The defendant Capital Bank’s Motion for Summary Judgment should be and hereby is granted.”
“At the conclusion of said hearing, landlord’s application was denied, without prejudice.”
“S.A.A. 72’s motion for summary judgment is denied;”
“B & J’s motion for summary judgment is denied;”
“B & J’s motion to reconsider and vacate order is denied.”
“the court will allow the Co-Trustees as interim compensation, 75% of the maximum allowable fees.”
“I will allow the payment of an additional $20,000 on account of attorneys’ fees only to counsel for the co-trustees, namely Danning, Gill, Gould, Joseph & Diamond.”
“Therefore, the fee application will be approved for $118,980 75% of which can be paid or the sum of $89,235.”
“The following matters are disallowed with prejudice: Business luncheon; parking; overtime; secretarial; and travel expense. These are items of general overhead which may not be charged to an estate. The following items are approved: Computer research; court costs; process serving; and witness fees.”
“the balance of $104,665.30 will be discounted by 15% for the reasons set forth above and approved for $88,965.50.”
“Regarding the expenses, ‘mileage’, ‘parking’ and ‘supplied’ [sic] will be disallowed with prejudice and the cost of photocopying, telephone and messenger service are disallowed subject to clarification on final hearing.”
“it will allow this one in full since it appears independently that time is billed in one-tenth hour minimums and increments.”
A historical record
Judge Pagter 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.