Paul J. Kilburg
How Judge Kilburg rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Kilburg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A claimed spendthrift restriction is unlikely to hold when the debtor can effectively revoke the trust and use its property as an owner.
“Almost without limitation, Debtor is able to treat the farm property as if he owns it outright.”
Procedural preferences
Default relief requires valid service; when a party personally served the summons, the court required proper re-service instead.
“WHEREFORE, Plaintiff’s Motion for Default Judgment is DENIED.”
Cautions
Substantial unattributed copying and unreasonable billing led to remedial coursework and fee disgorgement.
“FURTHER, Attorney Cannon shall complete a law school or equivalent course in professional responsibility on or before August 31, 2008.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“FURTHER, the $10,722.70 debt of unpaid employee participant withholdings to the participants of the SIMPLE IRA Plan is excepted from discharge under §523(a)(4).”
“WHEREFORE, Defendant Matthew Zeitler's Motion for Extension of Time to File an Appeal is DENIED.”
“WHEREFORE, Trustee's Motion for Summary Judgment is GRANTED.”
The court imposed remedial coursework and fee disgorgement after finding plagiarism and unreasonable billing in filed briefs.
“Because all of the elements are satisfied, the Cains' claim is excepted under §523(a)(2)(A).”
“Because no fiduciary relationship exists, the Court finds that the § 523(a)(4) claims of fraud and defalcation while acting in a fiduciary capacity have no merit.”
“For this reason, the Cains' claim is excepted from discharge under §523(a)(6).”
“WHEREFORE, U.S. Trustee's Motion to Take Default Regarding Complaint to Revoke Discharge is DENIED.”
“WHEREFORE, U.S. Trustee's Motion to Take Default Regarding Complaint to Revoke Discharge is DENIED.”
“FURTHER, the Alcoa Employees & Community Credit Union is ordered to release all funds in Debtor's three accounts to Debtor Michael D. Kleinsmith, immediately.”
“FURTHER, judgment shall enter against the Credit Union and for Debtor in the amount of $1,000 as damages for violation of the automatic stay.”
“WHEREFORE, Plaintiffs' Motion for Summary Judgment is DENIED.”
“WHEREFORE, Defendant's Motion to Remove Attorneys for the Trustee is DENIED.”
“FURTHER, Trustee's Request for Sanctions is DENIED.”
“WHEREFORE, Plaintiff’s Motion to Enforce Judge’s Order to Compel and Application for Sanctions is GRANTED.”
“FURTHER, Plaintiff’s claim under § 523(a)(2) is DENIED.”
“FURTHER, Plaintiff’s claim under § 523(a)(6) is DENIED.”
“FURTHER, Plaintiff’s alternate claim for relief under § 507(a)(4) is DENIED.”
Draft for Judge Kilburg with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Kilburg, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Kilburg's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace