Christopher B. Latham
How Judge Latham rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Latham decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For a repeat-filing stay request, recent plan performance and the absence of manipulation or egregious conduct supported a finding of good faith.
“the court sees no evidence of egregious behavior. On the contrary, Debtors made two plan payments in the first thirty days of the case.”
In recordkeeping disputes, he considers the debtor's sophistication and the scale and complexity of the transactions.
“This conclusion is based in large part on Defendant's education, sophistication, and the size and complexity of the transactions in question.”
Procedural preferences
A default does not eliminate the court's obligation to test whether the pleaded facts state a valid claim.
“before granting a default judgment, the court must first ascertain whether the unchallenged facts constitute a legitimate cause of action.”
Cautions
A final sale order cannot later be used through plan confirmation to recover default interest already paid.
“Entz-White does not authorize a debtor, through a plan, to disturb a final § 363 sale order.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the court grants the motion as to all creditors properly served.”
“For the foregoing reasons, the court grants Plaintiff's motion.”
“denies Defendant's motion as to Plaintiff's § 523(a)(15) cause, grants it as to the § 523(a)(6) cause with leave to amend,”
“$11,466.23 small claims judgment against Defendant is nondischargeable in its entirety”
“the court grants Defendant's motion and dismisses the Complaint with prejudice.”
“its $42,003.51 subrogation claim against Defendant is nondischargeable in its entirety.”
“Debtor is not entitled to a credit for the default interest he paid to either U.S. Bank or Sharon.”
“the motion for default judgment is denied”
“the adversary proceeding is dismissed without prejudice.”
“Ms. Larsson’s nondischargeable debt to Mr. Powell is $5,420.”
“Mr. Ortiz is liable to Ms. Sioson in the nondischargeable amount of $893.55 in this matter.”
“The second § 727(a)(4)(A) element fails”
“The court therefore denies this additional request for relief as unwarranted.”
“Mr. Cahaan has not proven all of § 523(a)(2)(A)’s elements.”
“Her claim for $20,316 against Defendant therefore is nondischargeable.”
“The court, however, denies her § 707(b)(3)(A) motion to dismiss the underlying bankruptcy.”
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