Luis E. Rivera II
How Judge Rivera rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge Rivera decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the Medicare context, the payment-and-adjustment system was treated as one integrated transaction for recoupment purposes.
“this system of payments and later adjustments must be viewed as a single, integrated transaction for recoupment in bankruptcy.”
Procedural preferences
Discovery can be limited when customer burden and harm to a reorganization outweigh the incremental benefit of information available from less burdensome sources.
“the potential prejudice to the Debtors’ prospects of reorganization outweighs the likely benefit of discovery from the Debtors’ customers”
Cautions
A nominal management change does not establish independence; the court examines whether the new manager is genuinely separate from prior control.
“We must be cautious of efforts to create the appearance of new management independence without its reality.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Thus, the Court granted in part the Motion for Protective Order by limiting the temporal scope of the discovery and quashing the discovery requests made to Debtors’ customers.”
“The Debtors’ Emergency Application to Employ Oscher Consulting, PLLC as Independent Director is APPROVED as set forth herein.”
“The Court will overrule the objections and approve the appointment of Lisl Unterholzner and Oscher Consulting, PLLC”
“The Debtor’s Emergency Motion to Enforce the Automatic Stay is GRANTED IN PART and DENIED IN PART.”
“the Expedited Motion to Lift Automatic Stay (Doc. No. 10) filed by Creditor J.G. Properties, LLC, is GRANTED.”
“The request for in rem relief as against the Premises under 11 U.S.C. § 362(d)(4) is denied without prejudice.”
“The Notice of Domestic Relations Exception, which the Court construes as a motion for an order confirming no automatic stay is in effect, is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The sample includes individual and corporate Chapter 7 cases, ordinary Chapter 11 cases, Subchapter V reorganizations, and a jointly administered large Chapter 11 proceeding.
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