Lewis M. Killian Jr.
How Judge Killian rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Killian no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Killian decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Final confirmation orders are not reopened for ordinary scheduling errors; the statutory framework limits relief to timely fraud-based challenges, apart from exceptional jurisdictional or due-process defects.
“fraud is the only grounds on which relief from a confirmation order may be granted.”
A debtor claiming the additional personal-property exemption must clearly and timely abandon any homestead interest rather than preserve the benefits of both exemptions.
“the debtor must (1) not claim the property as exempt, and (2) timely and properly show a clear and unambiguous intent to abandon the property.”
Cautions
Mortgage-proof-of-claim fees must be supported by reasonable work and cannot be treated as automatic merely because a bankruptcy case was filed.
“a $500 fee. This I find to be unreasonable.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“CBIZ’s motion to dismiss the Debtor’s bankruptcy case is GRANTED.”
“miss the Amended Crossclaim for Interpleader of the Sterling Mets, L.P. (Doc. 148) is DENIED.”
“Exemption (Docs. 68 and 69) filed by the Creditor Centennial Bank and the Chapter 7 Trustee are OVERRULED.”
“of Exemptions (Doc. 74) is SUSTAINED.”
“Motions to Reconsider Putnam Leasing Claims #12, 13 and 14 (Docs. 281, 282 and 283) are DENIED.”
“Processing Services, Inc.‟s Motion to Dismiss (Doc. 10) and Defendant Ben-Ezra & Katz, P.A.‟s Motion to Dismiss (Doc. 15) in Plaintiff Susan Marie Harris‟s adversary proceeding are GRANTED.”
“Approving Modification of Debtor’s Second Amended Chapter 13 Plan is DENIED.”
“Assignment of an Unexpired Lease to Napleton’s Tallahassee Imports, LLC (Doc. 183) is DE- NIED.”
“47) is GRANTED and Debtors’ counsel, Lawrence Marraffino, is ordered to pay to Capital City”
“Inervest‟s Motion to Dismiss (Doc. 39) is GRANTED and this case shall be dismissed.”
“Inervest‟s Motion for Relief from Stay (Doc. 23) and Motion for Abstention Under § 305 (Doc. 45) are DENIED as MOOT.”
“Express (Doc. 9), Central Credit Union (Doc. 10), PHH Mortgage (Doc. 11), Renna Enterprises (Doc. 12), and Lyon Financial (Doc. 13) are DENIED as MOOT.”
“under Rule 8002(c)(2) is DENIED.”
Caseload & timing
From public federal docket records for this judge.
Five sampled terminated matters contained no docket entries, so no caseload mix or case-duration summary is available.
A historical record
Judge Killian 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.