Robert L. Ordin
How Judge Ordin rules, drawn from 8 signed orders. Every observation links to the order it came from.
Judge Ordin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ordin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For bad-faith stay relief, the court focused on whether a new entity and filing impaired creditors' preexisting enforcement rights rather than on the transfer's timing alone.
“The test of the debtor’s good faith is not whether a transfer of property and/or a change of entity occurred on the eve of filing; timing of the change and/or transfer is not controlling. The question is whether any substantive or procedural rights of creditors available prior to transfer have been altered or eroded by the transfer and subsequent filing.”
Procedural preferences
The court resisted procedural choices that fragmented core bankruptcy administration across distant venues.
“The basic functions of the bankruptcy court would be hopelessly complicated and fragmented if ‘proceedings’ of this nature could be commenced and retained in courts other than the ‘home’ court”
Cautions
A guaranty did not substitute for protection against a present decline in the value of collateral.
“To compel a secured creditor to accept such risks on the basis of rights to pursue a guarantor, is to shift the hazards and the cost of the rehabilitation effort from the debtor to the secured creditor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“it appears to this Court that the services of counsel in this proceeding were fairly worth an aggregate of $7,500. A $5,000 retainer having been paid, the balance of fees awarded to counsel is $2,500. The claimed expenses of $103.75 are approved.”
“The fees of the accountants are approved as prayed; to wit, $2,764 in fees, and $72 in costs.”
“The stay against enforcement by Pacific of its rights in and to the collateral described in the Deeds and Trusts herein-above set forth, is hereby vacated and set aside, and Pacific is expressly granted the right to proceed with the scheduling and conduct of its foreclosure sales without notice.”
The court found the existing equity cushion required continued monitoring and set a later trial for new valuation evidence; it did not finally resolve stay relief.
“the debtor’s request to vacate the order prohibiting use of cash collateral is denied.”
“The motion of Crocker to prohibit the use, sale, or lease by Kenny of the motor vehicles constituting inventory and which were not leased on the date of filing, is granted.”
“The debtor is granted a stay against the execution by John H. Hadley of the order of January 26, 1981, vacating the automatic stay, upon the terms and conditions hereinafter set forth”
“Accordingly, the motion is denied.”
“the automatic stay resulting from the filing of Highland’s Ch. 11 is vacated and the senior lien holders (herein described as Duggan and Davies) are authorized to proceed with the enforcement of their lien rights.”
“Plaintiffs are entitled to immediate relief from all stays against enforcing their respective rights against the collateral.”
“This relief being granted, dismissal of the debt- or’s petition, under the circumstances here present, will serve no constructive purpose.”
A historical record
Judge Ordin 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.