Sidney B. Brooks
How Judge Brooks rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Brooks no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brooks decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A late dispositive motion could still be considered when both sides agreed that no factual dispute remained and only a legal question required decision.
“Normally, this Court would strike the pending Motion. However, it appears to be agreed to by the parties that there are no factual issues in this matter and all that remains is an adjudication of the legal question presented herein.”
Procedural preferences
A creditor omitted from timely notice was not bound by the ordinary deadline for a nondischargeability complaint under the applicable statutory exception.
“there is no time limit set forth in the Federal Rules of Bankruptcy Procedure or Section 523(a)(3)(B).”
Cautions
A party seeking to undo a default judgment needed to establish good cause and address whether the default was willful.
“Vectra has not asserted that there is ‘good cause’ to set aside the entry of default, nor has it contended that its default was not willful.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff's Motion For Partial Summary Judgment is: A. GRANTED to the extent that it seeks summary judgment on the avoidance of Debtors' charitable contributions that exceed 15% of Debtors' GAI totaling $2,614.95 pursuant to 11 U.S.C. § 548. It is B. DENIED to the extent that it seeks summary judgment in the avoidance of Debtors' charitable contributions that do not exceed 15% of Debtors' GAI totaling $2,143.05 pursuant to 11 U.S.C. § 548.”
“Defendant's Motion For Partial Summary Judgment is: A. GRANTED to the extent that it seeks summary judgment to retain charitable contributions that do not exceed 15% of Debtors' GAI totaling $2,143.05. B. DENIED to the extent that it seeks summary judgment to retain charitable contributions that exceed 15% of Debtors' GAI totaling $2,614.95.”
“IT IS THEREFORE ORDERED that the Defendant’s Motion for Summary Judgment is GRANTED and this case is DISMISSED.”
“the Amended Chapter 13 Plan filed on December 28, 2010 (Docket # 34) is DENIED as MOOT.”
“the Motion to Determine Secured Status Pursuant to 11 U.S.C. § 506 filed on November 9, 2010 (Docket # 22) is GRANTED and the Residence is determined to be fully unsecured.”
“the Standing Chapter 13 Trustee’s Objection to Confirmation of Debtor’s Amended Chapter 13 Plan (Docket #46) is OVERRULED.”
“the Amended Chapter 13 Plan filed on January 31, 2011 (Docket # 48) is GRANTED.”
“IT IS THEREFORE ORDERED that Plaintiffs Motion for Summary Judgment is GRANTED. The obligation arising out of the Debtor’s conduct, which resulted in the entry of the Arapahoe County Judgment, is nondischargeable.”
“the Motion for Leave to File a Reply in Support of Plaintiffs Motion for Summary Judgment (Docket # 18) is DENIED.”
“ORDERED that the Trustee’s Objection to Debtors’ Claim of Exempt Property (Docket # 8) is SUSTAINED and the Debtor’s claim of exemption in the 162 shares of stock in the Company is disallowed.”
“IT IS THEREFORE ORDERED that the Defendant’s Motion for Summary Judgment is GRANTED.”
“ORDERED that Debtor’s Motion to Dismiss Complaint as Untimely is DENIED.”
“Wells Fargo Bank, N.A.’s Motion for Relief from Order Entered December 22, 2008 Entitled: Memorandum Opinion and Order Denying Wells Fargo Bank N.A.’s Motion for Court to Enforce Terms of Stipulation and For Relief from the Automatic Stay is GRANTED and the prior order is VACATED.”
“The Plaintiffs’ Motion for Summary Judgment is DENIED with respect to their claim under 11 U.S.C. § 523(a)(6). Because this Court is GRANTING relief under 11 U.S.C. § 523(a)(2)(A)”
“the cross-motion for summary judgment, as contained in the Response filed by Defendant (Docket # 32) is DENIED.”
“ORDERED that the Trustee’s Objection to the exemption with respect to the Vehicle is OVERRULED and DENIED and the Debtor’s exemption is allowed.”
“ORDERED that the Chapter 7 Trustee’s Motion to Compel Turnover is DENIED.”
“ORDERED that the relief sought in Plaintiffs Complaint is hereby GRANTED.”
“IT IS FURTHER ORDERED that Plaintiffs Second Claim for Relief is DENIED, as administrative costs are not properly before the Court in this proceeding.”
A historical record
Judge Brooks 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.