Richard M. Neiter
How Judge Neiter rules, drawn from 11 signed orders. Every observation links to the order it came from.
Judge Neiter no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Neiter decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Summary judgment was appropriate when the dispute turned on document interpretation and no material factual question remained.
“There are no questions of material fact. The issues raised by the FDIC-R are not issues of fact but go to the interpretation of various documents”
Cautions
A requested sale ruling was narrowed when the proposed treatment of a homestead exemption exceeded the relief supported at that stage.
“the Court denies without prejudice the Trustee’s proposed treatment of Debtor’s homestead exemption.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court finds in favor of the Plaintiff on Count IV of the Complaint and against the Defendant on Count I of the Amended Counterclaim.”
“In light of the foregoing, the Court grants in part and denies in part Plaintiff’s Motion.”
“In light of the foregoing, the Court grants in part and denies in part the Trustee’s Sale Motion.”
“IT IS HEREBY ORDERED that the Objection is SUSTAINED.”
“The Motion is granted and the Stipulation is approved; and Debtor is authorized to use the cash collateral pursuant to the Stipulation.”
“The Court grants Plaintiff’s Motion for Partial Summary Judgment on the issue of the FDIC-R’s Capital Maintenance Claim.”
“The Court denies Defendant’s Dismissal Motion as to Plaintiff’s Complaint, Count IV”
“the Court denies Defendant’s Dismissal Motion as to Plaintiff’s Complaint, Count IV, and denies the Plaintiff’s Motion for Partial Summary Judgment on the issue of entitlement to the tax refunds.”
“the Court’s ruling denying actual and punitive damages in this matter.”
“Debtor, an attorney who represented herself in this case, cannot recover attorney’s fees as part of a contempt order.”
“the Court finds in favor of the Plaintiff on Counts I-III, V-VIII that Defendant breached his fiduciary duties to the Trust and violated the Trust Agreement.”
“this Court grants the Motion to Dismiss the Complaint for Fraud”
“this Court grants the Motion to Dismiss the Complaint for Fraud and denies the Motion for Contempt Sanctions.”
“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.”
“The Motion to Dismiss should be denied and the Confirmation Objection should be overruled.”
A historical record
Judge Neiter 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.