J. Philip Klingeberger
How Judge Klingeberger rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Klingeberger no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Klingeberger decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A trustee could avoid a mortgage whose acknowledgment named a stranger rather than the debtor, preserving the avoided interest for the estate.
“the mortgage interest of National in the bankruptcy estate’s interest in the subject real estate (the fee simple interest of Hershman) is entirely avoidable pursuant to 11 U.S.C. § 544(a)(3)”
A creditor's secured status failed when the mortgage misidentified the note and omitted a meaningful description of the debt and repayment date.
“the Court would determine that the description of the indebtedness is woefully insufficient under that statute.”
Procedural preferences
When a potentially curable complaint failed under Rule 12(b)(6), the court generally allowed one careful amendment before dismissal with prejudice.
“the court will provide the plaintiff with one chance to file an amended complaint before the case or complaint is dismissed with prejudice, if ‘a more carefully drafted complaint might state a claim’.”
Strict compliance with service rules controlled personal jurisdiction even when a defendant otherwise had notice of the litigation.
“absent effective initial service of process, a judgment entered against that defendant must be set aside.”
Cautions
A creditor claiming cash collateral needed a perfected and unavoidable security interest; an unperfected interest in cash receipts did not restrict the debtor's use.
“Security interests in money can only be perfected by possession.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED, ADJUDGED AND DECREED that the assertion of a secured claim by means of claim # 15 is denied, and that claim # 15 filed in the register of claims in this case is an unsecured claim.”
The court dismissed a second Chapter 13 case filed before the debtor received a discharge in her still-pending earlier case.
“IT IS ORDERED, ADJUDGED AND DECREED that the Request is denied.”
“IT IS ORDERED, ADJUDGED AND DECREED that the Trustee’s objection to claim # 3-1 is sustained.”
“IT IS ORDERED, ADJUDGED AND DECREED that the transfer to National of mortgage interests by Hershman is avoidable by the Trustee pursuant to 11 U.S.C. § 544(a)(3)”
“IT IS ORDERED, ADJUDGED AND DECREED that judgment is granted to Countrywide Home Loans, Inc.”
“The Plaintiff shall have and recover judgment against the defendant New Technologies, Inc./New Silicone Technologies, Inc., pursuant to 11 U.S.C. § 548(a)(1)(B) and 11 U.S.C. § 550(a)(1), in the amount of $104,039.95.”
“IT IS ORDERED that the Amended Petition is granted by separate order.”
The court consolidated two adversary proceedings, directed entries of default, and required a later motion and hearing before any default judgment.
The court determined that no creditor was eligible to vote in the disputed Chapter 7 trustee election, leaving the interim trustee in office.
“IT IS ORDERED, ADJUDGED AND DECREED that the motion to dismiss filed on May 19, 2009 is granted in its entirety, without prejudice to the plaintiffs’ filing of an amended complaint.”
“Count I is dismissed without prejudice.”
A historical record
Judge Klingeberger 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.