Theodor C. Albert, Jr.
How Judge Albert rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Albert no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Albert decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
A late decision to retain counsel does not itself justify delaying a matter that has already been pending for a substantial period.
“Nor can they wait for the last minute to hire counsel and expect everyone else to adjust accordingly.”
Cautions
Extended delay in a reorganization requires concrete progress and adequate protection rather than speculative future value.
“Continued delay comes at a cost, and on these facts it is one that can no longer be borne by the creditor without more persuasive grounds than what has been offered herein.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER DENYING MOTION FOR CONTINUANCE OF HEARING”
“The court cannot confirm this plan for the reasons stated.”
“Counsel for lender shall submit an order for relief of stay on the form mandated by the LBRs and separate orders valuing the property and denying confirmation.”
“The Stipulation, the terms of which are incorporated herein by this reference, is approved in its entirety.”
“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.”
“Since in this plan debtor proposes to keep substantial prepetition property without paying the dissenting Class 5 unsecured creditors in full, the plan cannot be confirmed in its current form.”
“It is entirely correct, just and consistent with the principles of the bankruptcy code that the obligation of debtor to the Murrays be declared non-dischargeable under 11 U.S.C. §§ 523(a)(2) and (a)(4).”
“But the intentional aspect is missing sufficient for a finding sufficient to fulfill § 523(a)(6).”
“The objection will be overruled and the plan will therefore be confirmed, as modified.”
“Therefore, as to the sum of $250,000 a judgment avoiding this transfer from the defendants may be entered in favor of the trustee; otherwise judgment shall be entered in favor of defendants.”
“Therefore, the motion to avoid the non-possessory, non-purchase money lien in the vehicle is denied.”
“Judgment will therefore be entered in favor of the debtor on all claims for relief.”
“Sustain objection and grant motion to dismiss unless debtor amends to cure above issues.”
“For the reasons stated, the Court OVERRULES the Trustee’s objection and, by separate order, confirms the plan.”
A historical record
Judge Albert 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.