Edward D. Jellen

How Judge Jellen rules, drawn from 12 signed orders. Every observation links to the order it came from.

Judge Jellen 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 2012
Served
1987–2012
Appointed by
U.S. Court of Appeals for the Ninth Circuit
Commissioned
1987-01-01
Signed orders read
12

How Judge Jellen decides

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

What persuades

He treats specific evidence and a fair opportunity to litigate as more important than procedural labels when deciding preclusion.

“resolution of the collateral estoppel issue should not turn on the mere fact that the Judgment was a default judgment”

Procedural preferences

A secured creditor seeking derivative standing must show a valid estate claim and trustee consent or unreasonable inaction, not merely its own disappointed expectations.

“Bank One, standing in the shoes of the trustee, can fare no better.”

Cautions

A lien-stripping Chapter 13 case still requires an independent good-faith reorganization purpose; a filing designed only to obtain relief unavailable in Chapter 7 risks dismissal.

“this case, as a chapter 13 case, is nothing other than an attempt by Tran to unfairly manipulate the Bankruptcy Code”

Signed rulings

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

MacDonald v. Buck (In re Buck)
· 1987-06-09

The consolidated discharge and dischargeability disputes were resolved after trial without a discrete party-motion outcome.

In re Orosco
· 1987-07-15
Objection to confirmation (Commercial Center Bank) Denied

“the Court announced that the Plan would be confirmed if the debtor agreed to one modification of the Plan, mentioned below, and the debtor agreed to the modification.”

Becker v. County of Sacramento (In re Hackney)
· 1988-01-21
Summary judgment (Chapter 7 trustee) Granted in part

“an Order of Partial Summary Judgment consistent with this opinion will issue.”

Debruyn Produce Co. v. Richmond Produce Co. (In re Richmond Produce Co.)
· 1990-03-16
Summary judgment (produce-trust claimants and secured bank on cross-motions) Granted in part

“An order of partial summary judgment will issue pursuant to Bankruptcy Rule 7056 in conformity with the conclusions expressed herein.”

Motion to strike declarations (secured bank) Denied

“This motion will be ' denied.”

In re Richmond Unified School District
· 1991-11-05
Motion to dismiss bankruptcy case (municipal debtor) Granted

“The District is entitled to an order dismissing the case.”

In re Wilson
· 1994-05-16
Motion to avoid judicial lien (debtor) Denied

“An order will issue denying debtor’s motion to avoid the judgment lien at issue.”

In re Arrol
· 1997-04-16
Objection to homestead exemption (Chapter 7 trustee) Denied

“The trustee’s objection will therefore be overruled.”

In re Reed
· 1997-05-07
Motion for sanctions (United States Trustee) Denied

“Mandjik did not violate 110(g)(1), and she is therefore entitled to prevail as to this issue”

In re Smith Bros. Motors, Inc.
· 2002-12-05
Motion for derivative standing (secured creditor) Denied

“the court will issue its order denying Bank One’s motion.”

Kaufman v. Monte (In re Kaufman)
· 2004-10-19

The stay-violation damages dispute was resolved after an adversary trial, with no discrete party-motion outcome classified.

In re Pacific Rollforming, LLC
· 2009-09-30
Motion to dismiss bankruptcy case (putative debtor) Granted

“the court will issue its order dismissing this involuntary petition.”

Bank of America, N.A. v. Malfatti (In re Malfatti)
· 2010-06-03
Summary judgment (creditor plaintiffs) Granted

“The court will grant Plaintiffs’ motion.”

A historical record

Judge Jellen 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.