Tracey N. Wise

How Judge Wise rules, drawn from 20 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Eastern District of Kentucky
Position
bankruptcy
Commissioned
2010-03-31
Signed orders read
20

How Judge Wise decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A party seeking to seal a settlement must establish a statutory basis strong enough to overcome public access to the record.

“the public has a right to know the basis for the Court's ultimate assessment.”

Procedural preferences

Filing and confirmation deadlines are enforced as meaningful limits on when a party may raise an objection.

“Deadlines have a purpose.”

Cautions

A party that had ample discovery time should not expect the evidentiary record to be reopened for material it failed to pursue diligently.

“The Court will not exercise its discretion to re-open the trial given the circumstances presented.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Jones
· 2019-05-28
Motion for contempt (Linda Kay Jones) Granted

“1. The Contempt Motion [ECF No. 19] is GRANTED.”

HIJ Industries, Inc. v. Roy (In re Roy)
· 2016-03-22
Motions to dismiss (Robert Roy) Denied

“Based on the foregoing, IT IS HEREBY ORDERED that the Motion to Dismiss [ECF No. 17] is DENIED and the Court will enter an amended Order for Trial.”

Spradlin v. Khouri (In re Bruner)
· 2015-08-10
Request for turnover (Chapter 7 trustee) Denied

“Therefore, the fee is not subject to turnover.”

In re Ripberger
· 2014-10-28
Motion for relief from automatic stay (Gayle Ripberger) Denied

“For the reasons set forth above, the Movant’s Motion for Relief from Stay [Doc. 23] is DENIED;”

Objection to confirmation (Gayle Ripberger) Denied

“her Objection to Confirmation [Doc. 15] is OVERRULED;”

Objection to claim (Debtor) Granted

“and the Debtor’s Objection to Movant’s Claim [Doc. 43] is SUSTAINED; provided, however, Movant shall have fourteen, days within which to amend her claim.”

In re Trinity Coal Corp.
· 2014-07-31
Motion to reject executory contract (Debtors) Denied

“IT IS HEREBY ORDERED, that the Debtors’ Motion for an Order Authorizing the Rejection of Certain Agreements with ICG Entities [Doc. 394] is DENIED.”

In re Micek
· 2012-05-21

The opinion reassigned a related adversary proceeding for coordinated consideration but did not finally decide the claim objection.

Schlarman v. Johns (In re Lewis)
· 2011-11-02
Summary judgment (Chapter 7 trustee James D. Schlarman) Granted

“The Trustee having met the elements of 11 U.S.C. § 547(b), the Defendants’ liens on the Vehicles are subject to avoidance as a preferential transfer.”

Schlarman v. Nageleisen (In re Nageleisen)
· 2015-03-06
Motion for partial summary judgment (Chapter 7 trustee James D. Schlarman) Granted

“Her motion for partial summary judgment [Doc. 17] shall be granted, and ROR’s motion [Doc. 18] shall be denied.”

Motion for partial summary judgment (ROR Holdings LLC) Denied
In re Pfetzer
· 2018-03-22
Motions to dismiss (Creditor) Denied

“For these reasons, the Motion is DENIED.”

Bank of Kentucky, Inc. v. Nageleisen (In re Nageleisen)
· 2014-12-30
Judgment on the pleadings (Bank of Kentucky, Inc.) Denied

“Plaintiff is not entitled to judgment on the pleadings on the question of willful and malicious injury, and therefore not entitled to judgment on the pleadings on the nondis-chargeability count of its complaint.”

Frambes v. Nuvell National Auto Finance, LLC (In re Frambes)
· 2011-05-25
Motions to dismiss (Defendants) Granted

“Contempt for a violation of § 524 may not be adjudicated in an adversary proceeding and for this reason, the Debtor’s Count I alleging violation of the discharge injunction shall be dismissed, without prejudice, with leave for the Debtor to file a motion for contempt in the main bankruptcy proceeding.”

In re Thomas
· 2018-03-01
Motion to seal (Debtor) Denied

“1. The Seal Motions are DENIED;”

Motion to seal (Adversary-proceeding defendants) Denied

Draft for Judge Wise with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Wise, and what has not, cited to the signed orders.

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