Frank J. Otte
How Judge Otte rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Otte no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Otte decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 13 plan may separately maintain a long-term student loan when the debtor proves good faith and does not accelerate the debt.
“A critical factor to this Court is that the student loan is a ‘long term debt’ under section 1322(b)(5)”
A trustee can obtain summary judgment for turnover when undisputed evidence shows postpetition transfers of estate property.
“The Court finds that the Trustee has met his burden in showing that there is no dispute as to any genuine material fact in this matter”
Procedural preferences
A party that chose to proceed without counsel in the first adjudication cannot relitigate simply because it dislikes the result.
“because Mr. McCartin chose to proceed without counsel and now does not like the result, does not mean he can avoid the judgment and start over.”
The debtor, rather than the trustee, must specify the equal-monthly-payment amount in the plan.
“the Debtor, not the Trustee, must determine the amount of monthly EMA payments”
Cautions
Long delay and earlier litigation choices weigh strongly against reopening an order under Rule 60.
“this Court would never use its equitable powers to alter an order almost one year later to benefit Debtors who have behaved as these ones have in this case”
Bankruptcy jurisdiction does not extend to a nondebtor's collateral tax liability when resolving it would not materially affect the estate.
“bankruptcy courts have no jurisdiction over proceedings that have no affect on the debtor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ECMC’s Motion to Dismiss is granted, such that this action is dismiss without prejudice and the Plaintiff may refile this action when the issue is ripe and this Court obtains jurisdiction over the subject matter of this action.”
“Archibald’s debt to ECMC is declared non-dischargeable.”
“Accordingly, the Court GRANTS Travelers’ motion IN PART and ORDERS that this chapter 11 proceeding be DISMISSED.”
“Because the Court finds that this chapter 11 proceeding should be dismissed, the relief from stay portion of Travelers motion is moot.”
“ECMC’s Objection to Confirmation is sustained in all respects.”
“Whalen’s motion requesting intervention and such a determination is hereby DENIED.”
“The Debtor’s request to add the Burketts as creditors in this bankruptcy is DENIED.”
“The Debtor’s request to impose the stay as to the Burkett’s in their collection efforts against Mr. Bolin is DENIED.”
“The Trustee’s Objection to confirmation is sustained as to the requirement that the Debtor, not the Trustee, must determine the amount of monthly EMA payments”
“this Court OVERRULES the amended objection of eCAST and ORDERS that the Plan be confirmed.”
“judgment be entered in favor of the Plaintiff and against the Defendant on said sums set forth in the Complaint; and said debt is nondischargeable under Section 523(a)(5)”
“This Court will make a separate entry wherein it will grant summary judgment in favor of Defendant, MetLife .”
“Forum Credit Union’s Objection to the Debtors’ Second Amended Plan is OVERRULED”
“Debtors’ request for fees is DENIED.”
“the Debtors’ Motion for Partial Relief from Order be and hereby is DENIED.”
A historical record
Judge Otte 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.