Anthony J. Metz III
How Judge Metz rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Metz no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Metz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A post-confirmation modification may fail when the record does not show a meaningful change in financial circumstances.
“The Court finds that there is simply not enough evidence in the record of changed financial circumstances for it to approve the modification.”
A proposed settlement was approved after the court weighed likely success, litigation complexity and expense, and the interests of creditors.
“the Court finds that the factors considered weigh in the Trustee’s favor, and that the settlement is in the best interests of the creditors.”
Procedural preferences
Special counsel may be retained for a tightly limited matter when that scope avoids an actual conflict with the estate.
“Given that limited purpose, HB’s prior representation of Sino does not present an actual — or potential — conflict with respect to the specific matter for which HB is to be retained.”
A creditor invoking issue preclusion must show that the opposing party had a full and fair opportunity to litigate the earlier action.
“The Court concludes that White had a full and fair opportunity to litigate the State Court Action.”
Cautions
Failure to complete prepetition credit counseling can leave a filing ineligible for treatment as a bankruptcy case.
“debtors that fail to comply with § 109(h) are ineligible to be debtors under the Bankruptcy Code.”
A debtor opposing stay relief should address whether the creditor is adequately protected against continuing loss in collateral value.
“AgStar has met its burden of demonstrating that the Debtor cannot adequately protect AgStar for the diminution in value of the Real Estate or the Rents caused by the Debtor’s postpetition use of that property.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“NBI’s motions for summary judgment on Count I and on White’s counterclaim are GRANTED only to the extent that they relate to the nondischargeability of the State Court Judgment. To the extent NBI’s motions for summary judgment relate to the amount of the State Court Judgment, they are DENIED.”
“Accordingly, the Trustee’s motion is GRANTED. The Debtors shall be given 10(ten) days to amend the exemptions claimed on Schedule C.”
“the Court finds that the Debtor’s motion must be DENIED.”
“To the extent the UST’s motion seeks to disallow this deduction, it is GRANTED.”
“Daimler’s objection to confirmation is SUSTAINED. The Debtor shall file an amended chapter 13 plan”
“The Plan hereby is and shall be approved and confirmed under Section 1129(a).”
“hereby are and shall be overruled on the merits.”
“the Court now ORDERS that the Trustee issue a check made payable to the Debtors in an amount equal to the Funds, less any allowed § 503(b) expenses. It is FURTHER ORDERED that Trustee send the Check, properly identified, to the State Court.”
“Accordingly the Trustee’s Motion is GRANTED and Davidson’s objection is OVERRULED.”
“Accordingly, the UST’s motion to dismiss is DENIED.”
“Accordingly, Smith’s claims against her fail and she will be granted her discharge.”
“Accordingly, the Objecting Creditors’ objection is OVERRULED and the Trustee’s Application is GRANTED, conditioned only upon HB’s withdrawal of its appearance for Sino in this bankruptcy case.”
“Accordingly the UST’s motion is DENIED.”
A historical record
Judge Metz 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.