Alan Jaroslovsky

How Judge Jaroslovsky rules, drawn from 22 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the Northern District of California
Position
bankruptcy
Status
Retired 2017
Served
1987–2017
Appointed by
U.S. Court of Appeals for the Ninth Circuit
Commissioned
1987-01-06
Signed orders read
22

How Judge Jaroslovsky decides

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

What persuades

He treats unrebutted sworn evidence as decisive at summary judgment once the movant has carried the initial burden.

“The burden then shifted to defendants to file a declaration or produce some evidence of solvency. Having failed to do so, the Trustee is entitled to summary judgment.”

Procedural preferences

An informal proof of claim must itself disclose the claim's nature and amount and show a present intent to pursue the estate.

“At a minimum, the document urged as an informal proof of claim must state the nature and amount of the claim and the present intent to assert it.”

Cautions

A creditor holding pledged company interests should complete the state-law transfer steps before arguing that incumbent members lacked authority to commence bankruptcy.

“only the members or lawful managers are entitled to vote on behalf of a limited liability company, notwithstanding a pledge of membership rights as collateral.”

Signed rulings

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

In re Kuhlman
· 2000-10-06
Motion to compel abandonment (debtors) Denied

“the Kuhl-mans’ motion to compel abandonment will be denied”

Motion to approve sale (Chapter 7 trustee) Granted

“the motions of the trustee for approval of the sale and for turnover will be granted.”

Motion for turnover (Chapter 7 trustee) Granted
Fleming v. Warn (In re Warn)
· 2001-01-22
Summary judgment (creditor plaintiff) Granted

“the court reluctantly concludes that Fleming’s motion must be granted.”

In re Billings
· 2001-02-26
Objection to chapter 13 plan (Chapter 13 trustee) Denied

“the trustee’s objection to Billings’ Chapter 18 plan will be overruled”

Carey v. Flintridge Lumber Sales, Inc. (In re RJW Lumber Co.)
· 2001-03-19
Summary judgment (preference defendant) Denied

“For the foregoing reasons, the motion to dismiss will be denied”

In re Rolyn
· 2001-05-14
Motion to deem informal proof of claim (creditor) Denied

“Travelquest’s motion will be denied”

Objection to proof of claim (debtor) Granted

“Rolyn’s objection to its claim will be sustained.”

In re Powell
· 2001-05-07

The court imposed fines, a temporary suspension, and a permanent practice injunction on nonlawyer petition preparers after an order-to-show-cause hearing; no party-filed motion outcome was classified.

In re Rose
· 2001-07-03
Objection to proof of claim (debtor) Granted in part

“Rose’s objection will be sustained only as to the amount of interest paid. The balance of the objection will be overruled”

In re Napa Valley Physicians Plan
· 2001-08-06
Objection to administrative claim (Chapter 7 trustee) Granted

“the trustee’s objection to her claim will be sustained.”

Garske v. Arcadia Financial, Ltd. (In re Garske)
· 2002-04-08
Summary judgment (secured creditor defendant) Granted

“the court will grant Arcadia’s motion for summary judgment.”

Eastwood v. DeDomenico (In re DeDomenico)
· 2002-05-15
Motion to withdraw admission and amend complaint (creditor plaintiff) Granted in part

“her motion to withdraw her admission and amend her complaint will be granted and a new trial will be held”

In re Fugate
· 2002-06-12
Motion to file late claim (debtors) Denied

“the Fugates’ motion will be denied.”

In re Health Plan of the Redwoods
· 2002-06-30
Motion for relief from stay (seventeen physician counterparties) Denied

“All of the motions for relief from stay will be denied”

A historical record

Judge Jaroslovsky 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.