Dennis Montali
How Judge Montali rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Montali decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He expects an expert report to disclose the actual reasoning connecting facts to an opinion, not merely the ultimate conclusion.
“the report should offer the ‘how and why’ of the results, not mere conclusions.”
In discharge litigation, a credible factual explanation can satisfy the debtor's burden even when the underlying recordkeeping practice was poor.
“The court does accept that explanation, not because it condones the practice but because it is credible and has not been rebutted.”
Cautions
A party seeking bankruptcy relief while withholding adequate protection risks losing stay protection even if it preserves separate merits objections.
“If you want to gamble in the casino and hope to hit the jackpot, you can’t expect to win by using house money.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Schoenmann is entitled to a chapter 13 administrative claim of $1,530.”
“the motion to abstain is granted and this adversary proceeding is dismissed.”
“E’s Preliminary Injunction Application will be denied”
“the Motion To Dismiss will be granted”
“the Motion For Summary Judgment will be denied as moot.”
“the court will grant the 365(n) Motion”
“and deny the Setoff Rights Motion.”
“the court will grant the Motion To Dismiss”
“and deny the Motion For Reconsideration.”
“the court will grant summary judgment in part and deny summary judgment in part.”
“the court is awarding debtor attorney’s fees in the amount of $4,585.00.”
“GRANTED. The debts for copyright infringement, libel per se, and sanctions, attorney fees and costs are nondischargeable under section 523(a)(6).”
“awarding it compensatory contempt damages consisting of fees of $3,067,938.86 and expenses of $129,952.16 for a total award of $3,197,891.02”
“the court will deny Rooz’s oral motion for remand”
“grant Roberta’s motion for judgment on the pleadings”
“deny without prejudice David’s combined motion to reopen his case and enforce the discharge injunction.”
“the court will grant summary judgment in favor of Michele and Silver Eagle with respect to certain breach of contract claims in the first count and to the contractual interference claims in the third count, will grant summary judgment in favor of Lockwood on the second and third counts, and will deny the balance”
“the Case Trustee’s objection to the Plan Trustee’s claim against the estate for $4,416,786.73 is SUSTAINED, with a portion of the claim being allowed in the amount of $215,179.71.”
Draft for Judge Montali with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Montali, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Montali's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace