Alan C. Stout
How Judge Stout rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Stout no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Stout decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A settlement may be approved when its prompt, lower-risk recovery outweighs a speculative chance of a larger result after prolonged litigation.
“The benefits of the Settlement outweigh the attenuated possibility of a significantly increased net recovery after years of complex and protracted litigation.”
Procedural preferences
Professional employment is evaluated through a fact-driven inquiry into actual conflicts rather than disqualification based only on a possible future conflict.
“Along those lines, the Court will only disqualify professionals if an actual conflict of interest arises, as opposed to a potential conflict of interest.”
Cautions
Delay can defeat a sanctions request even when the movant invokes the automatic stay.
“Under the doctrines of laches, this Motion for Sanctions must be denied as untimely.”
Lien avoidance depends first on a valid exemption; without one, there is no exemption for the lien to impair.
“Without a proper exemption, there cannot be an impairment to that exemption.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“In consideration of all the foregoing, the Plaintiffs Motion for Summary Judgment will be granted.”
“IT IS ORDERED that the UST’s Motion to Dismiss and Amended Motion to Dismiss are GRANTED.”
“IT IS FURTHER ORDERED that the Debtor’s Expedited Motion for Debtor to Appear for Chapter 11 Hearings Other than in Person is DENIED.”
“IT IS ORDERED that Gary Wade Puckett’s Objection to Exemption (Doc. No. 14) is SUSTAINED.”
“IT IS FURTHER ORDERED that the Debtor’s Motion to Avoid Lien (Doc. No. 51) is DENIED.”
“Under the doctrines of laches, this Motion for Sanctions must be denied as untimely.”
“IT IS FURTHER ORDERED that the motion to dismiss the motions for sanctions is GRANTED.”
“IT IS ORDERED that the Motion to Dismiss filed by Republic Bank & Trust is Denied.”
“IT IS FURTHER ORDERED that the Debtor’s request for costs is DENIED.”
“IT IS ORDERED that judgment be entered in favor of the Defendant and against the Plaintiff and the complaint filed by the Plaintiff is DISMISSED.”
“IT IS ORDERED that, pursuant to 11 U.S.C. § 522(f), $102,214.88 of the $124,287.57 judgment lien held by Republic Bank & Trust Company, of record in Encumbrance Book 86, Page 458, in the property located at 6406 Westwind Way, Crestwood Kentucky 40014 is AVOIDED. Republic retains a lien in this property in the amount of $22,072.69.”
“It is hereby ORDERED that the objection to confirmation filed by Deanna Ashby is sustained and confirmation of the Debt- or’s Plan of Reorganization is DENIED.”
“It is further ORDERED that the automatic stay is terminated for the purpose of enforcing the domestic support obligation in the Henderson Family Court pursuant to 11 U.S.C. § 362(b)(2)(B) and (C).”
“It is hereby ORDERED that the Motion to Approve Settlement Agreement and Mutual Release Pursuant to Bankruptcy Rule 9019 is APPROVED.”
“It is further ORDERED that the Debt- or’s Objection to the Motion to Approve Settlement Agreement and Mutual Release Pursuant to Bankruptcy Rule 9019 is OVERRULED.”
“A separate order will be entered approving the Application.”
“The Court is going to overrule the UST's objection to the Application, without prejudice to the UST raising the objection again at a future date should an actual conflict materialize.”
“IT IS ORDERED that the Motion to Dismiss filed by Defendants Scott J. Savage Revocable Living Trust and Peter P. Pilliod Revocable Living Trust is GRANTED this complaint is dismissed without prejudice.”
“IT IS ORDERED that Plaintiff-Debt- or’s Motion for Summary Judgment (DN 12) be, and is, GRANTED.”
“IT IS FURTHER ORDERED that the Chapter 7 Trustee’s Motion for Summary Judgment (DN 14) be, and is, DENIED.”
A historical record
Judge Stout 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.