Jane Dickson McKeag

How Judge McKeag rules, drawn from 7 signed orders. Every observation links to the order it came from.

Judge McKeag no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Eastern District of California
Position
bankruptcy
Status
No longer serving
Signed orders read
7

How Judge McKeag decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Repeated underreporting, sham trusts, and noncooperation supplied overwhelming circumstantial proof that the tax returns were fraudulent.

“The undisputed evidence before this court is overwhelming that the Careys filed fraudulent returns for the years 1995 through 2000.”

Procedural preferences

Class treatment was inappropriate where consent to continued payments could depend on each debtor's statements and conduct.

“Consent might be nothing more than a debtor’s indication in the Statement of Intentions (Official Form No. 8) that the collateral is to be reaffirmed, or at least not surrendered.”

Cautions

A general lien-avoidance theory was rejected when it would nullify the Code's specific protection for tax liens on exempt property.

“The court rejects the Debtors’ approach because it completely undermines the clear language of section 522(c)(2)(B).”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Carey (In re Carey)
04-29060-B-7 / 04-2548 · 2005-04-25
Summary judgment (United States) Granted

“By separate order, the court will grant the IRS’s request for partial summary judgment.”

Summary judgment (Michael T. Carey and Leone R. Carey) Denied

“The court will deny that motion by separate order.”

Peterson v. Wells Fargo Bank, N.A. (In re Peterson)
97-20751-B-7 / 01-2302 · 2003-05-09
Class certification (Michael and Elizabeth Peterson) Denied

“The class may not be certified under Rule 23(b)(3) because common questions of law and fact do not predominate over issues affecting individual class members.”

Peterson v. Wells Fargo Bank, N.A. (In re Peterson)
97-20751-B-7 / 01-2302 · 2002-06-06
Motion to deny class certification (Wells Fargo Bank, N.A.) Granted

“By separate order, the court will grant the renewed motion to decertify the class.”

Walkup v. First Interstate Bank (In re Walkup)
94-20230-B-7 · 1995-05-02
Motion to avoid tax liens (Keith and Linda Walkup) Denied

“Accordingly, the court will deny the Debtors’ request that the IRS liens be declared void pursuant to section 506(d).”

Burkart v. Evans (In re Layton-Ralph)
01-25377-B-7 / 05-2036 · 2005-06-02
Complaint for turnover (Michael Burkart, Chapter 7 trustee) Granted

“The Trustee is entitled under section 542(a) to turnover of the Jewelry, or, alternatively, its established value of $11,200.”

In re Jackson
04-25642-B-13J · 2005-06-08
Application for administrative expense (Frederick Lucksinger, former Chapter 7 trustee) Granted in part

“The court will approve the Former Trustee’s motion, with the fees reduced to eliminate post-conversion time.”

In re Oberg
05-21621-B-13J · 2005-06-13
Application for administrative expense (Prem N. Dhawan, former Chapter 7 trustee) Granted in part

“The court will allow the Former Trustee and Counsel a combined administrative expense claim of $500, which should more than adequately compensate them for their preliminary investigation of this case.”

A historical record

Judge McKeag 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.