Edward J. Coleman III
How Judge Coleman rules, drawn from 18 signed orders. Every observation links to the order it came from.
How Judge Coleman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At an early stage of a reorganization, practical feasibility can defeat stay relief even before a confirmable plan has been fully developed.
“The test under § 362(d)(2) is one of feasibility, not confirmability.”
Procedural preferences
Professional-employment disclosures must be complete at the outset; later correction does not erase the consequences of a deficient disclosure process.
“Full disclosure under Bankruptcy Rule 2014 is a continuing responsibility throughout the term of employment.”
Cautions
A Chapter 11 filing aimed chiefly at delaying collection against nondebtor guarantors may be treated as an improper use of reorganization.
“the purpose of Chapter 11 is not to hinder and delay creditors’ ability to collect against the guarantors of a failed land speculation investment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court will grant TCB’s Motion to Dismiss and Motion for Stay Relief in their entirety.”
“I decline to rule on the Motion for Allowance and Payment of Administrative Expense and Motion to Require Debtor to Maintain Property (dckt. 105) filed by the POA on the grounds that the issues presented are now moot.”
“I decline to rule on the Motion of Debtor to Extend Exclusive Periods Within Which to File a Plan and Obtain Acceptances Thereof (dckt. 183) on the grounds that the issues presented are now moot.”
“it is ORDERED that Debtors’ Motion (dckt. 80) is GRANTED in part and DENIED in part.”
“the Debtor’s Motion to Extend the Automatic Stay is GRANTED, in part, and DENIED, in part.”
“Long’s Objection is SUSTAINED”
“Therefore, the Motion to Dismiss (dckt. 63) is DENIED.”
“The Application (dckt. 117) is GRANTED as modified above.”
“Debtor’s Motion to Retain Life Insurance Proceeds — Amended (dckt. 152) is DENIED as moot.”
“Trustee’s Objection to Claim of Exemptions (dckt. 155) is SUSTAINED in part and OVERRULED in part.”
“the Court will enter a separate order DENYING Braziers Amended Motion to Allow Post-Petition Claim For the Preservation of the Estate (dckt. 48).”
“The Debt- or is entitled to recover those fees from Shorty’s pursuant to 11 U.S.C. § 362(k)(l).”
“the Court does not find the award of punitive damages appropriate in this case.”
“the Trustee’s Modification of Plan After Confirmation is DISAPPROVED.”
“the Court will enter a separate order DENYING the Debtor’s Motion for Summary Judgment (adv. dckt. 21).”
“Trustee’s Objection to Debtor’s Amended Claim of Exemptions (dckt. 60) is SUSTAINED.”
“For the reasons set forth below, Cornerstone’s Relief Motion is DENIED.”
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