Elizabeth E. Brown
How Judge Brown rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Brown no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brown decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When a specialized state forum was better positioned to divide marital property, the court allowed that adjudication to proceed while retaining control over enforcement.
“absent extraordinary circumstances, the divorce court is the best forum for the division of marital property.”
A proposed estate transaction required meaningful market testing when an unsolicited higher offer suggested that the assets had not been adequately exposed.
“Because the Objection to the settlement agreement makes an unsolicited, higher offer for assets that the Trustee did not market, and because that higher offer has not been pursued, negotiated or developed, this Court cannot find that the Trustee has properly exercised his business judgment in presenting the Motion.”
Procedural preferences
Exemption deadlines were enforced strictly when the trustee neither objected on time nor requested an extension.
“Because the Trustee neither sought an extension of time in which to file, nor timely filed an objection to the Debtors’ exemptions, he may not now challenge the Debtors’ exemptions.”
Cautions
An expense deduction tied to a cost the debtor did not actually incur could trigger the statutory presumption of abuse.
“Because Debtor does not actually incur a rent expense, the ‘mortgage/rent’ expense is not ‘applicable’ to him.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated above, the Court GRANTS the United States Trustee’s Motion to Dismiss.”
“ORDERED that the Motion by Debtors to Convert Case Under Chapter 7 to Case Under Chapter 13 is DENIED.”
“For the reasons stated herein, the Motion is GRANTED to the extent that Noeske may proceed in the Divorce Action to conclusion and the entry of judgment, with enforcement to take place in this Court.”
The plaintiffs first needed a written liability determination from a nonbankruptcy tribunal before pursuing their statutory nondischargeability theory.
“ORDERS that the Debtors’ Motion to Reconsider is DENIED. The Order granting Dresser relief from the automatic stay shall remain in effect.”
“The Debtors are entitled to claim two exemptions in their Tractor, under Colo.Rev.Stat. § 13-54-102(1)(e) as a household good, and under Colo.Rev.Stat. § 13-54-102(1)(j)(I) as a motor vehicle.”
“For the foregoing reasons, the Defendants’ Motion for Summary Judgment is GRANTED in favor of the Defendant and against the .Trustee. The Complaint is dismissed with prejudice.”
“Accordingly, it is HEREBY ORDERED that the Motion is DENIED.”
“For the foregoing reasons, the Debtor’s Emergency Motion for Sanctions is GRANTED in part and DENIED in part.”
“Accordingly, it is hereby ORDERED that the UST’s Motion is DENIED.”
“the state court default judgment in favor of the Rieses does not preclude litigation of the Plaintiffs’ allegations of fraud in this adversary proceeding.”
“judgment shall enter in favor of Plaintiffs and against Defendant, holding the indebtedness owed by Defendant to Plaintiffs, in the amount of $723,156.46, to be nondischargeable under 11 U.S.C. § 523(a)(4), plus prejudgment interest at the statutory rate.”
“Plaintiffs have not satisfied their burden of proving ‘theft’ and, therefore, they are not entitled to treble damages and fees and costs.”
A historical record
Judge Brown 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.