Louise De Carl Adler

How Judge Adler rules, drawn from 20 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the Southern District of California
Position
bankruptcy
Status
Retired 2022
Served
1984–2022
Appointed by
U.S. District Court for the Southern District of California
Commissioned
1984-03-05
Signed orders read
20

How Judge Adler decides

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

What persuades

Detailed records and a consistent explanation matter when a debtor must account for substantial funds; unsupported, changing testimony can defeat credibility.

“Such contradictory and ever-evolving narrative, without corroborating documentation or records, leads the Court to discount the Debtors' testimony as not credible.”

A plan interpretation that preserves the agreed distribution while accounting for required administrative charges can prevail over an unsupported all-or-nothing calculation.

“The Debtors have already contributed all that they were required to contribute. The PCM does not require them to contribute more.”

Procedural preferences

Challenges to the validity, priority, or extent of a lien, and requests to subordinate an allowed claim, must be brought through an adversary proceeding rather than a claim objection.

“a demand for this type of relief cannot be made in a claim objection because they are adversary proceedings.”

Cautions

Fee applications should identify the parties and nature of communications clearly enough for the court to evaluate the work without reconstructing it.

“It is Applicant's burden to provide this information and NOT the Court's burden to guess.”

Signed rulings

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

In re Gamboa
10-14560 · 2013-06-03
Motion to increase plan dividend (Chapter 13 trustee) Granted in part

“The Court grants the motion to increase the percentage paid to general unsecured creditors, but the percentage must be adjusted downward to account for the Trustee's administrative fee to distribute the tax refunds.”

In re Kessler and Lorenzana
10-18615 · 2011-03-04
Motion for sanctions for stay violation (debtors) Denied

“IT IS HEREBY ORDERED that the Motion is DENIED.”

500 West Broadway, L.P. v. City of San Diego
10-90152 · 2010-09-28
Motion to abstain (defendants) Granted

“The Court grants the Defendants' motion to abstain from hearing this adversary proceeding under 28 U.S.C. § 1334(c).”

South Bay Expressway, L.P. v. Otay River Constructors
10-90180 · 2010-07-28
Summary judgment (debtors and senior lenders) Denied

“Accordingly, the Court denies the motion, and grants summary judgment in favor of the ML Defendants on the limited issues presented in this motion.”

Akers v. Luxury Jewels, LLC
11-90299 · 2012-02-09
Motion for attorney fees (Luxury Jewels, LLC) Denied

“The Court reaffirms its tentative ruling to deny Luxury Jewels' motion for attorney's fees and costs.”

Gladstone v. Acri
11-90477 · 2012-04-27
Motions to dismiss (defendant) Denied

“the Court reaffirms its tentative ruling denying the motion to dismiss these claims.”

Ramos Properties, L.P. v. Jennings
11-90312 · 2017-09-20
Motions to strike (plaintiffs) Granted

“The Court granted the motion to strike, and struck the three declarations from the record”

Nondischargeability adversary claim (plaintiffs) Granted

“The Money Judgment against Peggy Jennings shall be nondischargeable pursuant to Section 523(a)(4) of the Bankruptcy Code.”

Nondischargeability adversary claim (plaintiffs) Granted

“The Money Judgment against Peggy Jennings shall be nondischargeable pursuant to Section 523(a)(6) of the Bankruptcy Code.”

In re Vail Lake Rancho California, LLC
12-16684 · 2015-10-20
Objection to claim (liquidating trustee) Granted

“The Trustee's objection to the Claim is sustained”

KDR Partnership v. Foti
12-90163 · 2015-12-18
Motion for leave to amend (defendant) Denied

“The Motion to Amend is denied.”

In re Everhart
12-09569 · 2013-01-16
Objection to plan confirmation (secured creditor) Denied

“Sapient/Financial's objection to confirmation is OVERRULED.”

In re Childs
15-05416 · 2017-02-13
Objection to exemption (Chapter 7 trustee) Granted in part

“The Court sustains the Trustee's objection, in part, and overrules it, in part.”

ML Manager, LLC v. Pinsonneault
15-90201 · 2017-01-11
Objection to discharge (plaintiff) Granted

“The Court concludes that the Plaintiff has met its burden of proof on Count One by a preponderance of evidence, and judgment shall be entered in favor of the Plaintiff and the discharge denied.”

Objection to discharge (plaintiff) Granted

“The Plaintiff has met its burden of proof on Count Two, and judgment shall be entered in favor of the Plaintiff and the discharge is denied.”

Objection to discharge (plaintiff) Granted

“The Plaintiff has met its burden of proof on Count Three, and judgment shall be entered in favor of the Plaintiff and the discharge is denied.”

Objection to discharge (plaintiff) Granted

“The Plaintiff has met its burden of proof on Count Four, and judgment shall be entered in favor of the Plaintiff and the discharge is denied.”

A historical record

Judge Adler 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.