Dale L. Somers
How Judge Somers rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Somers decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A preference complaint may plead statutory due diligence generally without anticipating and rebutting every affirmative defense.
“It is sufficient that Trustee alleged he did not find any viable defenses.”
Cautions
Plan feasibility requires evidence-based projections rather than optimism dependent on continuing outside support.
“The plan simply does not provide a realistic and workable framework for reorganization and cannot be confirmed as feasible under § 1129(a)(11).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“WHEREFORE, THE COURT ORDERS that for the reasons set for herein, the Motion is denied.”
“WHEREFORE, THE COURT ORDERS that the Chapter 13 Trustee’s motion will be granted, and this case will be dismissed for cause if Debtor does not file a voluntary notice of conversion to chapter 7 or a motion to convert to another chapter for which he is eligible within 14 days of entry of this order.”
“Second Amended Chapter 13 Plan 16 and Debtor’s Motion for Valuation 17 are denied as moot.”
“Accordingly, the Court denies the Debtor’s Motion in favor of ruling on all issues with a fully developed record after trial.”
“WHEREFORE, THE COURT ORDERS that for the reasons set forth herein, confirmation of the Plan is hereby denied.”
The recommendation to deny withdrawal of the reference was retained but excluded because district-court adoption was not verified.
“Applebee’s Motion for Discretionary Abstention is therefore denied.”
“Accordingly, the Debtor’s Motion to Dismiss ARK is denied.”
“The Debtor’s Motion to Strike Jury Demand is granted.”
“Order on 29th Street Partners’ Motion to Declare Lease was Terminated Prepetition or Alternatively, to Grant Relief from Stay”
“For the reasons discussed above, the Court denies Counsel’s application as filed.”
“After careful consideration of the evidence and the arguments, the Court denies the U.S. Trustee’s motion to dismiss or convert.”
“Memorandum Opinion and Order Sustaining Debtor’s Objections to Proofs of Claim”
Draft for Judge Somers with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Somers, and what has not, cited to the signed orders.
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