Michael E. Romero

How Judge Romero rules, drawn from 18 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the District of Colorado
Position
bankruptcy
Appointed by
U.S. Court of Appeals for the Tenth Circuit
Signed orders read
18

How Judge Romero decides

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

What persuades

For relief from stay, inaccurate schedules, unauthorized payments, and improper cash-collateral use supplied additional cause beyond the property's financial condition.

“the Court finds additional ‘cause’ to lift the automatic stay based on the Debtor's post-petition conduct”

A creditor seeking more time to investigate dischargeability showed cause through diligence even without completing every possible discovery step.

“this Court concludes that CBT has acted diligently, and in so doing, satisfied its burden to establish cause for the requested extension.”

Procedural preferences

Where statutory language sets a firm small-business plan deadline, general equitable and rule-based enlargement powers do not override it.

“The language of 11 U.S.C. § 1121(e) is clear and plain”

Cautions

A proposed financing arrangement must satisfy the Bankruptcy Code's substantive protections even if managerial authority is disputed.

“the proposed Motion to Borrow may not be approved on substantive grounds”

Signed rulings

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

Nolan v. Smith (In re Smith)
· 2012-03-25
Summary judgment (plaintiffs) Granted

“ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT”

Wadsworth v. Viveros (In re Viveros)
· 2011-06-07
Motion to compel turnover (Chapter 7 Trustee) Denied

“Trustee’s Motion to Compel Turnover of Property of the Estate is DENIED with respect to the Lexus.”

Motion to compel turnover (Chapter 7 Trustee) Granted

“Trustee’s Motion to Compel Turnover of Property of the Estate is GRANTED with respect to the Audi and the Debtor shall immediately turn over to the Trustee the Audi or the $245 in equity.”

In re DB Capital Holdings, LLC
· 2011-05-25
Motion to approve postpetition financing (debtors) Denied

“the Court finds the proposed Motion to Borrow may not be approved on substantive grounds”

Brown v. Sallie Mae, Inc. (In re Brown)
· 2010-09-23
Student loan nondischargeability claim (debtor-plaintiff) Denied

“the Consolidation Loan owed to ECMC is nondischargeable, and judgment shall enter in favor of ECMC and against Brown.”

In re Wing
· 2010-09-09
Objection to plan confirmation (Chapter 13 Trustee) Granted

“the Debtors’ request for confirmation of their Chapter 13 plan is DENIED.”

In re 7677 East Berry Avenue Associates, L.P.
· 2009-11-19
Application to employ counsel (debtors in possession) Granted

“filed by each of the three jointly administered Debtors is GRANTED.”

Weinman v. Adam (In re Adam Aircraft Industries, Inc.)
· 2009-06-22
Motion for protective order (defendant) Granted

“the Motion for Protective Order Re: Written Discovery of Medical Information filed by the Defendant is GRANTED.”

In re Sweet
· 2007-05-21
Objection to proof of claim (debtors) Granted in part

“Pollack’s allowed claim in this case is determined to be $282,064.70”

Wilson v. United States (In re Wilson)
· 2008-07-30
Summary judgment (debtor-plaintiff) Granted in part

“Wilson’s Motion for Summary Judgment is GRANTED, as conceded by the IRS, for tax years 1988, 1989,1990,1991, and 1993.”

Summary judgment (Internal Revenue Service) Granted in part

“the IRS’s Motion for Summary Judgment is GRANTED as to tax years 1994 through 2003”

In re Arrigo
· 2008-12-04
Objection to plan confirmation (Chapter 13 Trustee) Denied

“the Trustee’s Objection to confirmation of the Debtors’ Second Amended Plan dated August 28, 2008, is DENIED.”

Plan confirmation (debtors) Granted

“confirmation of the Debtor’s Second Amended Plan dated August 28, 2008, is GRANTED”

In re Ernst & Young, Inc.
· 2008-02-08
Petition for recognition of foreign main proceeding (foreign representative) Granted

“the Receivership Proceeding is hereby recognized as a foreign main proceeding”

In re William L. Saber, MD, PC
· 2007-04-26
Motion for relief from patient care ombudsman requirement (debtor) Granted

“the Debtor’s Motion for Relief from the Requirements of 11 U.S.C. § 333 that a Patient Care Ombudsman be Appointed is GRANTED.”

Draft for Judge Romero with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Romero, and what has not, cited to the signed orders.

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