Basil H. Lorch III
How Judge Lorch rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Lorch no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lorch decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor seeking nondischargeability based on a financial statement must prove reasonable reliance; ignoring obvious warning signs defeats that element.
“The Court finds that the bank has failed to satisfy its burden of proving, by the preponderance of the evidence, that it reasonably relied on Hanselman’s representations as to his financial condition.”
A longstanding course of trustworthy dealings can support reasonable reliance on a debtor's representations even when further investigation was possible.
“The plaintiffs will not be penalized for not investigating the situation further, and their reliance on the debtor’s representations is found to be reasonable based on the totality of the circumstances.”
Procedural preferences
A default judgment does not establish collateral estoppel when the underlying liability issues were not actually litigated.
“the issues presented in the complaint were not actually litigated.”
Cautions
Priority requests require a clear statutory basis; policy considerations alone do not convert pension-related claims into administrative expenses.
“The plain meaning of the statute supports the Trustee’s position herein and dictates a finding that PBGC’s claims be treated as unsecured.”
The court may defer a dischargeability issue when contingent state-court and divorce proceedings make the dispute unripe.
“the Court declines to rule on the dischargeability of these obligations, finding that they are not yet ripe for adjudication for a number of reasons.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED that Kristi is granted a judgment that Gregory may not discharge his obligations to pay child support and maintenance and to pay the mortgages on the marital residence. Further, the Court declines to rule on whether Gregory may discharge his obligations under Paragraph 4 of the Provisional Order, finding the matter not to be ripe for adjudication.”
“The Objection to Confirmation filed by eCAST is, accordingly, overruled.”
“Peoples’ claim of nondischargeability as to Claim 1-1 is, accordingly, DENIED.”
“The Court does, accordingly, GRANT the Plaintiffs Cross-Motion for Summary Judgment and DENY the Motion for Summary Judgment by Defendant, The Leasing Group, LLC.”
“Based upon the foregoing, the Court now GRANTS the Trustee’s Motion to Dismiss pursuant to 11 U.S.C. § 707(b)(3) and HEREBY ORDERS that this case be dismissed pursuant to such section unless the Debtors convert the case to a proceeding under Chapter 13 within twenty (20) days of the entry of this Order.”
“For all of the foregoing reasons, the Trustee’s Objection is sustained.”
“Therefore, eCast’s Objection to Confirmation of Chapter 13 Plan should be, and hereby is, SUSTAINED.”
“The Debtor’s Amended Plan which bifurcates the claim into secured and unsecured portions is, accordingly, approved.”
“For all of the forgoing reasons, the United States Trustee’s Motion to Dismiss is hereby DENIED.”
“In accordance with the foregoing, the Court does hereby DENY the defendant’s Motion to Dismiss.”
“The Court, having considered the foregoing arguments of counsel and having reviewed the pleadings and applicable law, and being otherwise fully and sufficiently advised, hereby GRANTS Plaintiffs Motion for Summary Judgment”
“The plaintiffs attorney’s fees incurred in connection with the stated account, however, do not represent monies obtained by false pretenses, a false representation or actual fraud, and do not affect the amount of money that the debtor obtained from American Express by those means. That debt is, accordingly, dischargeable.”
“the debtors’ claimed exemption for pre-paid life insurance is hereby disallowed and the respective Objections to Exemptions in that regard are, therefore, SUSTAINED.”
“The Court, for the reasons set forth in the attached Memorandum, does hereby further FIND that Citizens’ Objection to the debtors’ claimed exemption in the two retirement accounts is DENIED.”
A historical record
Judge Lorch 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.