Alan H. W. Shiff
How Judge Shiff rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Shiff no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shiff decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Professional-compensation requests were evaluated based on whether the services were necessary when performed, without relying on hindsight.
“An award for compensation under § 330 is not premised on the benefit of hindsight”
Procedural preferences
At the pleading stage, a dismissal motion tested legal sufficiency rather than the weight of evidence that might later be offered.
“the function of a motion to dismiss is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof.”
Cautions
A debtor who concealed or improperly shielded assets risked losing the central benefit of a bankruptcy discharge.
“Nothing is more corrosive to the achievement of bankruptcy objectives than the perception that creditors are unpaid or under paid while the debtor enjoys the benefit of hidden or improperly shielded assets.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the automatic stay does not bar the movant from seeking domestic support for herself and for her children as itemized in subsections (a), (b), (d), (e), and (f) of paragraph 14 of her motion; and IT IS FURTHER ORDERED that the exception to the automatic stay provided by § 362(b)(2)(C) is not applicable to the marital residence. Therefore the relief from stay is denied on that basis”
“Accordingly, Colonial’s motion is denied”
“For the foregoing reasons, the defendants’ motions are DENIED”
“For the foregoing reasons, New Alliance Bank’s objection to confirmation is sustained”
The interim order preserved the status quo pending trial of the preliminary-injunction issues.
“For the foregoing reason, Florida’s limited objection to the subject sale is sustained”
“the Judgment debt is not excepted from discharged under § 523, and judgment shall enter in favor of the defendant.”
“For the reasons that follow, judgment shall enter in favor of the plaintiff.”
“Accordingly, the motion is DENIED”
“For the foregoing reasons, the defendant’s discharge is DENIED”
“the objection is OVERRULED”
“the motion for prospective relief under Rule 83.13(c) is GRANTED”
“it is ORDERED that the Motion to Convert is DENIED”
“IT IS FURTHER ORDERED that this case is DISMISSED nunc pro tunc effective November 5, 2002.”
A historical record
Judge Shiff 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.