Brett J. Dorian
How Judge Dorian rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Dorian no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Dorian decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A fee claimant's secured position did not excuse duplicative staffing or excessive professional costs.
“A creditor who fails to heed § 506(b)’s warning that only reasonable costs can be recovered does so at substantial risk.”
Procedural preferences
A party invoking issue preclusion had to identify precisely what the earlier judgment actually decided.
“the party asserting preclusion bears the burden of showing with clarity and certainty what was determined by the prior judgment.”
Cautions
Ordinary-course analysis did not turn on a mechanical comparison of payment days; the creditor's expectations and surrounding business context mattered.
“common sense dictates that a rule which arbitrarily and exclusively looks to intervening days simply is unworkable. Accordingly, other factors must be considered and in the court’s view the expectations of the creditor are a major factor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that judgment is granted in favor of the defendant. The parties shall bear their own costs.”
“IT IS ORDERED that Chequers Investment Associates is allowed costs pursuant to 11 U.S.C. § 506(b) in the amount of $28,-651.09.”
“IT IS THEREFORE ORDERED that the application is denied.”
“A separate order overruling the objection and allowing the claim as filed will issue.”
“There being no other objections to the employment of Mr. Lazaro and the court finding that Mr. Lazaro is qualified to represent the debtor-in-possession, an order authorizing his employment will issue.”
“As the sum of the adjustments totals $7,723.50, $5,763.30 will be awarded for fees and $437.55 for reimbursement of costs pursuant to the present application.”
“it is the decision of the court that plaintiff’s claim against defendant is discharged.”
“the request of the plaintiff for determination that a claim against the estate should be accorded unsecured status has been rendered moot.”
“IT IS ORDERED that the motion of the trustee for summary judgment is granted and that the claim of IRS filed herein on December 13, 1989, is disallowed.”
“The motion of SBA to dismiss this case is denied.”
“IT IS ORDERED that the motion is denied.”
A historical record
Judge Dorian 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.