Austin E. Carter
How Judge Carter rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Carter decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A pleading-stage motion should not be used to resolve a genuine factual dispute that belongs at a later stage.
“Such a factual dispute goes beyond the scope of Rule 12(b)(6) and may be determined at another juncture.”
Procedural preferences
Reconsideration is reserved for rare circumstances and is not a vehicle to reargue an earlier decision.
“The Court's reconsideration of a previous order is an extraordinary remedy, to be employed sparingly.”
Cautions
A confirmed plan is treated as a final judgment, so creditors should raise treatment objections before confirmation.
“A confirmation order is a final judgment, regardless of whether a party challenges it via a Rule 60 motion or a post-confirmation proof of claim amendment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, it is ORDERED that Defendant’s Motion to Dismiss is DENIED.”
“The Court will enter an Order in accordance with this Opinion granting in part and denying in part the Debtor’s Motion for Summary Judgment.”
“the Debtor’s Motion for Summary Judgment should be granted”
“Defendant’s Motion for Summary Judgment should be denied.”
“sustaining the Debtor’s Objection to Action’s amended proof of claim”
“granting the Debtor’s Motion for Modification of Plan after Confirmation.”
“the Court finds that Eazy Ride has willfully violated the stay of § 362(a) and, pursuant to § 362(k)(1), awards $450.64 in damages to the Debtor.”
“IT IS HEREBY ORDERED that Microf’s Motion for Allowance and Payment of Administrative Claim is DENIED.”
“the Debtor’s Objection to Ms. Jones’ Claim 6-1 is OVERRULED;”
“the Court HEREBY GRANTS the Bank’s Motion to Dismiss”
“OVERRULES the Debtors’ Objection to the Bank’s Claim.”
“the Court hereby GRANTS the FSA’s Motion for Relief from Stay.”
The court found a means-test presumption of abuse but allowed time to seek conversion or an evidentiary hearing before dismissal became final.
“the Court hereby DENIES the Motion for Extension.”
“The Contempt Motion is GRANTED.”
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