Thomas E. Carlson
How Judge Carlson rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Carlson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Carlson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He reads statutory exclusions according to their limited text and does not enlarge them to cover voluntary postpetition retirement contributions.
“section 541(b)(7) does not authorize such a deduction.”
Procedural preferences
A trustee seeking compensation should provide contemporaneous time records and enough narrative detail for the court to assess proportionality.
“Trustee is ordered to file, within thirty days of entry of this decision, an amended application for compensation containing time records and a narrative statement.”
Cautions
A plan provision that purports to override a statutory discharge limit must state that result unmistakably rather than rely on omission or general discharge language.
“This is not the unambiguous language necessary to override the provisions of section 1141(d)(2).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“SGO’s complaint is dismissed without leave to amend insofar as it seeks relief on the basis that the automatic stay precludes West Virginia from requiring SGO to reclaim the abandoned wells or from ordering SGO to cease its current operations in West Virginia. West Virginia’s motion to dismiss the complaint is denied with respect to SGO’s request for a declaration that the cancellation of SGO’s performance bond violated the automatic stay. SGO’s complaint is dismissed with leave to amend insofar as it seeks an affirmative injunction under section 105 restraining West Virginia from requiring SGO to reclaim the abandoned wells or to cease its current operations in West Virginia.”
“SGO’s motion for summary judgment on West Virginia’s counterclaim is denied.”
“Because Debtor has no equity in the Property and cannot confirm a plan of reorganization, relief from the automatic stay is granted.”
“I find that cause exists to disqualify Plaintiff’s special counsel and general bankruptcy counsel and grant Defendant’s motion.”
“Because Debtor David E. Beugen’s counterclaim against Creditor Taubman is a compulsory counterclaim arising from the same transaction as Taubman’s claim against Beugen, there is no right to jury trial on Beugen’s counterclaim, and that counterclaim may be tried as a core proceeding under 28 U.S.C. § 157(b)(2)(C).”
“A separate order will be entered striking Defendant’s jury demand.”
“Defendants’ motion to dismiss is denied.”
“I conclude that Porsche’s refusal to consent to assignment of the franchise was reasonable because it was based upon relevant criteria supported by substantial evidence. Porsche may not, be required to accept Greenspan as a franchisee.”
“Debtor’s motion for use of cash collateral is denied, and secured creditor’s motion for relief from the automatic stay is granted.”
“Because Debtor is unable to confirm a plan of reorganization, I grant the secured creditor’s cross motion for relief from the automatic stay.”
“Accordingly, I grant summary judgment in favor of Defendant.”
“Although Debtor’s business is unsuccessful, dismissal is appropriate, because Debtor has cash well in excess of its liabilities and does not need bankruptcy protection to avoid wasteful liquidation of its business assets.”
A historical record
Judge Carlson 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.