Jeffrey J. Graham
How Judge Graham rules, drawn from 11 signed orders. Every observation links to the order it came from.
How Judge Graham decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court may decline arbitration when splitting a core bankruptcy dispute across forums would undermine the fresh start and efficient centralized resolution.
“enforcement in this case would create an inherent conflict with the Bankruptcy Code’s fundamental policies of affording debtors a fresh start and centralizing disputes about a debtor’s obligations for efficient resolution.”
Procedural preferences
A summary-judgment response should identify determinative factual disputes and support them with designated evidence.
“Debtor merely posed a series of questions, with citations not to designated evidence but to pages within the United States supporting brief.”
Cautions
Bankruptcy counsel should not exclude heavily litigated matters from a debtor representation when those services may be most needed.
“Allowing an attorney to walk away when the going gets tough is a representation step that cannot be skipped.”
Chapter 11 requires a valid reorganizational purpose; using bankruptcy to manage mass litigation did not justify relief for financially healthy debtors backed by a solvent parent.
“these cases were not prompted by concerns over financial distress or impending insolvency but were initiated to manage the MDL process”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court concludes that summary judgment in favor of Central and against Holcim is appropriate.”
“The Court therefore SUSTAINS Roth’s objection and DENIES the Motion to Compel in its entirety.”
“Because the Firm refunded all amounts paid by Debtors, the Court DENIES AS MOOT the Motion to Examine to the extent it seeks disgorgement.”
“The Court GRANTS the Motion to Examine in that respect and finds that unbundling ‘heavily contested matters’ violates Ind. R. Prof. Conduct 1.2(c).”
This original summary-judgment order was superseded by the amended order entered five days later.
“Court therefor GRANTS the Motion and holds that the District Court’s rulings in both the Terminating Sanction Order and Judgment preclusively establish that Dalton’s conduct was willful and malicious”
The companion judgment implemented the amended summary-judgment order and was not counted as a second outcome.
“the trustee’s objection is SUSTAINED and Debtor’s motion for change of venue is DENIED.”
“Based on the foregoing, the Court concludes that Whirlpool’s reclamation rights in the Whirlpool Goods are subordinate to Wells Fargo’s and the DIP Lenders’ security interests in the Whirlpool Goods.”
“Accordingly, the Court grants the Trustee’s crossmotion for summary judgment and denies the Non-Debtor Defendants’ motion for summary judgment.”
“For the reasons stated below, the Court GRANTS the Motion.”
“Before concluding this decision, the Court must address Debtor's request-made in the event she was denied a full discharge-for a partial discharge of the Loans. The Court declines Debtor's request.”
“the Court hereby GRANTS the Motions to the extent they seek dismissal of the Aearo Entities’ Chapter 11 cases but DENIES the Respirator Committee’s request to appoint a Chapter 11 Trustee.”
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