Charles R. Merrill

How Judge Merrill rules, drawn from 2 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Western District of Kentucky
Position
bankruptcy
Commissioned
2020-12-22
Signed orders read
2

How Judge Merrill decides

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

What persuades

Detailed billing support can establish the reasonableness of postpetition mortgage fees when the debtor offers no contrary evidence.

“The Court finds those figures to be entirely reasonable, and Debtor has provided no evidence or argument to otherwise rebut the reasonableness of PennyMac’s fees.”

Procedural preferences

A creditor seeking to collect despite the codebtor stay must request relief by motion and prove the statutory ground for relief.

“the creditor still must request relief by motion as well as prove why the grounds for relief exist, which has not occurred in this case.”

Signed rulings

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

In re Ronda R. Maddox
22-30832 · 2023-02-09
Motion to determine postpetition mortgage fees (Ronda R. Maddox) Denied

“It is hereby ORDERED that PennyMac is entitled to $1,200 in fees and expenses based on the billable rate and total hours worked on postpetition legal services in this bankruptcy.”

In re Brett M. Greer and Aimee L. Greer
21-40236 · 2022-01-21
Motion to disallow claim (Brett M. Greer and Aimee L. Greer) Denied

“For all the foregoing reasons, this Court DENIES Debtors’ motion to disallow Claim No. 9.”

Draft for Judge Merrill with the record in hand

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

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