David D. Cleary
How Judge Cleary rules, drawn from 25 signed orders. Every observation links to the order it came from.
About Judge Cleary
David D. Cleary serves as a United States Bankruptcy Judge for the Northern District of Illinois. He presides over bankruptcy cases, including Chapter 13 matters, in the court’s Chicago division.
Judge Cleary's practices and standing orders
Rules for cases before Judge Cleary, as published on the court's website (checked October 10, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Motions
To withdraw a motion without appearing, file an electronic notice, inform the parties at least 24 hours before the hearing, and contact the courtroom deputy.
“Parties may withdraw a motion and not appear, by moving counsel filing an electronic notice of withdrawal and informing all appropriate parties that the motion is being withdrawn at least 24 hours prior to the hearing. Movant is to also contact the courtroom deputy at (312) 435- 5535 to inform chambers of the withdrawal.”
Motions
A routine unopposed motion marked “Will Be Granted Without a Hearing” will be called if a party asks the courtroom deputy to call it.
“If a party asks the Courtroom Deputy to call the motion, it will be called.”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 10, 2026).
How Judge Cleary decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Rule 2004 examination may broadly investigate potential estate claims when the inquiry concerns matters that could affect administration of the estate.
“For parties in interest, Rule 2004 permits an appropriately comprehensive probe”
Procedural preferences
At the pleading stage, plausible factual allegations are tested later through proof.
“Plaintiff has pleaded plausible claims; proof will come at trial.”
Cautions
A late Chapter 13 claim cannot receive additional filing time unless the creditor shows that notice was insufficient to permit a timely claim.
“The court has no discretion in the matter.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Debtor’s Motion to Reopen is DENIED;”
“The Trustee Motion is GRANTED to the extent Trustee requested reopening for the purpose of filing a motion to vacate discharge pursuant to Fed.”
“The Trustee Motion is DENIED to the extent Trustee requested that the discharge order be vacated.”
“IT IS ORDERED THAT the Sanctions Motion is DENIED.”
“For the reasons stated above, the Motion to Dismiss is denied.”
“For the reasons stated above, the Motion to Dismiss is granted as to counts I and II for lack of standing and to count III for lack of subject matter jurisdiction.”
“CONCLUSION Defendant’s Motion is granted. The Amended Complaint is dismissed.”
“the motion to dismiss the Amended Complaint is denied as to Counts I-VI.”
“the Motion to Reconsider is DENIED.”
“The motion to dismiss will be denied as to Count II.”
“The Motion to Dismiss is GRANTED;”
“For all of the reasons stated above, IT IS ORDERED THAT the Stay Violation Motion is DENIED.”
“IT IS ORDERED THAT the Stay Relief Motion is GRANTED.”
Draft for Judge Cleary with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Cleary, and what has not, cited to the signed orders.
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