Susan Pierson Sonderby
How Judge Sonderby rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Sonderby no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Sonderby decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A postpetition administrative claim required proof of an actual estate benefit; unused services and references to invoices did not create priority.
“Merely referencing invoices is not sufficient to raise a genuine issue of material fact with respect to the issue of benefit to the Kmart estate.”
A creditor seeking late plan relief had to act with diligence; nearly two years of inattention to its own tax advances did not justify undoing a substantially executed confirmation order.
“If a residence mortgagee such as GMAC were allowed to slumber throughout the plan term and then awaken to overturn a largely executed plan as ‘improperly confirmed’ merely because of its unexcused failure to file a proper claim or objection to confirmation, the ‘bankruptcy principle of repose’”
Procedural preferences
Joint-defense privilege could not be waived unilaterally for use against former allies, because doing so would undermine the privilege's purpose and discourage joint defenses.
“the joint defense privilege would be stripped of its purpose and effectiveness if one party could unilaterally waive the privilege in favor of a third party”
Equitable authority did not permit extending a Chapter 7 claim deadline where the bankruptcy rules expressly prohibited the requested extension.
“this Court will not use its equitable powers to do what is otherwise prohibited.”
Cautions
Conclusory affidavits carried little weight at summary judgment even though a court could not reject evidence merely because it was self-serving.
“affidavits that contain only conclusory assertions of ultimate fact are entitled to little weight on a motion for summary judgment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is clear from the language of Bankruptcy Rule 9027 that the Plaintiff has failed to timely remove this cause. Furthermore, this Court lacks jurisdiction to hear this matter. Therefore, the Court remands this action to state court for further disposition.”
“IT IS HEREBY ORDERED that the Debtors’ Motion for a Hardship Discharge and Request to Strike the Trustee’s Response are denied.”
“Accordingly the Trustee’s Motions to Extend the Time for Filing Proofs of Claim are denied.”
“The Court denies the Trustee’s motion to enjoin Quest from prosecuting its state court proceedings.”
“The Court further denies the Trustee’s motion for a finding of contempt and sanctions.”
“The Court finds the Debtors are not entitled to the avoidance of the judicial hen of Pinnacle Bank/Harvey for the reasons stated above. Therefore, their motion seeking such rehef is denied.”
“Consequently, the Court’s denial of the Motion to Convert or Dismiss is contingent on the Debtor paying his estimated payment for the first quarter of 1995 to the IRS within 24 hours of the docketing of this order.”
“For the reasons stated above, the Trustee’s motion to lift the protective orders as to documents withheld by Samuel Zell, The Estate of Robert Lurie, Great American Management and Investment, Inc. and Great American Financial Group, Inc. f/k/a Great American Industrial Group, Inc. on the basis of privilege is denied”
“will each be denied, and the Retainer ordered immediately returned to Debtors.”
“Accordingly, the Court grants the motions of San Diego Mart, Moulton and WIENM compelling Kmart to perform the postpetition obligations”
“For the reasons stated herein, the Court denies the motion of CIT Financial USA, Inc. for the entry of an order pursuant to section 365(d)(2) of the Bankruptcy Code compelling Kmart Corporation to assume or reject a certain license agreement and for an administrative claim pursuant to section 503(b) of the Bankruptcy Code.”
“the court denies the motion of JDA Software, Inc. for summary judgment”
“grants the motion of Kmart Corporation for entry of summary judgment.”
“The motion of JDA Software, Inc. for allowance of administrative claim is denied”
“the objection of Kmart Corporation thereto is sustained.”
“For the reasons stated, the motion to strike the Uniden defenses is granted. The third, fourth, sixth, seventh, eighth and eleventh defenses are stricken.”
“Kmart’s alternative request for judgment on the pleadings pursuant to Rule 12(c) is denied.”
A historical record
Judge Sonderby 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.