Joseph G. Rosania Jr.
How Judge Rosania rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Rosania decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Where a government creditor delayed without explanation and the debtor suffered concrete prejudice, laches barred a late nondischargeability proceeding.
“the delay was egregious, as it drove Debtor to despair and was completely unexplained.”
A creditor's preference defense failed when payment amounts and split-payment practices departed markedly from historical dealings.
“The Debtor's split payments and payment of a round dollar amount were markedly different”
A debtor-in-possession plausibly pleaded pre-suit diligence by alleging first-hand knowledge of the challenged payment and facts addressing reasonably knowable preference defenses.
“The Amended Complaint alleges more than a bare conclusion that diligence occurred.”
Procedural preferences
When statutory eligibility is clear, policy arguments do not permit the court to rewrite the debt limits.
“courts faced with a clear statutory command may not rewrite the Bankruptcy Code.”
At summary judgment, a party must address numbered facts with correspondingly numbered responses and admissible evidence; self-representation does not excuse compliance with those requirements.
“Liberal construction, however, does not permit the Court to serve as her advocate, construct factual arguments on her behalf, or search the record for evidence that she did not identify.”
Cautions
A plan that retains prepetition property over a dissenting unsecured class must satisfy absolute priority or a valid outside-source new-value contribution.
“the proposed contribution in the present case comes from the Debtor, not an outside source.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court orders the Debtors have ten days from the date of this order to convert this case to a case under either chapter 7 or chapter 11, failing which this case shall be dismissed”
“Eastman's objection to NPL's claim on the basis of applicable Colorado law is OVERRULED.”
“NPL has satisfied its ultimate burden of persuasion on the legal issue”
“Eastman is ordered to file a second amended Chapter 13 plan which resolves the technical objections of the chapter 13 trustee”
“confirmation of the Plan (Doc. No. 89) is denied.”
“Greenberg's Motion for Summary Judgment (Doc. No. 360) is denied.”
“the Debtor's Motion for Summary Judgment (Doc. No. 354) is granted.”
“sustaining the Debtor's Objection to Proof of Claim No. 8-1”
“the Trustee’s Motion to Dismiss is DENIED.”
“the Trustee's cross motion for summary judgment (docket number 13) be and hereby is GRANTED”
“the Trustee's Objection to Property Claimed as Exempt (Docket #15) is SUSTAINED”
“confirmation of the Debtor's chapter 13 plan (Docket # 3) is DENIED”
“the LT’s Motion to Administratively Close Chapter 11 Cases (docket # 803) is DENIED.”
“judgment shall enter in favor of Defendant Michelle Renee Dos Santos and against Plaintiff DHS”
“this adversary proceeding is DISMISSED.”
“the Motion to Dismiss Debtors’ Case pursuant to 11 U.S.C. § 707(b)(1) and 11 U.S.C. § 707(b)(3) is DENIED.”
“the re-conveyance of his bare legal title was not a fraudulent transfer.”
“The Complaint is dismissed, with prejudice.”
“Scruggs is awarded a priority gap period claim in the amount of $46,959”
“and a chapter 7 administrative expense priority claim in the amount of $23,250”
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