Caryl E. Delano
How Judge Delano rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Delano decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A plan's mere reference to a directly paid secured creditor does not itself bring that claim within the plan or discharge it.
“The mere mention of a creditor in a debtor’s Chapter 13 plan, without more, does not result in that creditor’s claim being ‘provided for’ under the plan.”
Procedural preferences
Cross-motions are evaluated independently; filing competing motions does not establish that either side is entitled to judgment.
“When parties have filed cross motions for summary judgment, courts review each motion separately under the Rule 56(a) standard.”
Cautions
A restructuring framed chiefly to obtain releases for nondebtor insiders will not satisfy the requirements for an extraordinary bar order.
“But the fundamental problem in this case is that the Plan does not propose a true reorganization; instead, the Plan is a restructuring of various obligations in an effort to obtain releases for Mr. and Mrs. Albright and their entities.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that the Trustee’s Amended Objections to Property Claimed as Exempt is hereby SUSTAINED.”
“Accordingly, for the foregoing reasons, the Debtor’s Motion for Rule to Show Cause (Doc. No. 115) is DENIED.”
“ORDERED that Suncoast’s Request for Certification is DENIED.”
“the Court shall enter an order overruling the Trustee’s objection to the Debtor’s claim of exemption”
“has previously entered its Order Sustaining Objection to Chapter 7 Trustee’s Report and Notice of Intention to Sell (Doc. No. 69).”
“The Trustee’s Motion for Summary Judgment (Doc. No. 28) is DENIED.”
“Defendant DKA’s Motion for Summary Judgment (Doc. No. 21) is GRANTED.”
“Defendant West Coast’s Motion for Summary Judgment (Doc. No. 25) is GRANTED.”
“The Motions for Summary Judgment are DENIED.”
“The Motion to Strike is GRANTED as to [¶] Supply’s first, third, fourth, and fifth affirmative defenses and DENIED as to [¶] Supply’s second affirmative defense.”
“the Motions to Dismiss (Doc. Nos. 26 and 36) are GRANTED, and the Second Amended Complaint (Doc. No. 34) is DISMISSED with prejudice.”
“the Court shall enter a separate judgment in favor of HSBC on Counts I through VIII of the Amended Complaint, denying the relief sought by the Debtor, and in favor of HSBC granting it the relief prayed for in its Amended Counterclaim and Third Party Complaint.”
“the Summary Judgment Motion as a motion to amend the Complaint, DENIES the motion as to Plaintiffs’ claim to except the debt from discharge under § 523(a)(4) as a claim for embezzlement and GRANTS the motion as to Plaintiffs’ claim to except the debt from discharge under § 523(a)(4) as a claim for larceny.”
“Plaintiffs’ Motion for Summary Judgment Motion is DENIED.”
“Plaintiffs’ claims are not excepted from discharge, and Defendants’ discharge shall not be barred.”
“Therefore, the Court will deny approval of the compromise and confirmation of Debtor’s plan.”
“Defendants’ Motion for Partial Summary Judgment is, GRANTED IN PART as set forth herein and otherwise DENIED.”
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