David T. Stosberg
How Judge Stosberg rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Stosberg no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Stosberg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An unopposed or procedurally available claim still required a party with statutory standing to invoke the remedy.
“the statute cited by the Debtors in this case also seems quite plain in specifying who may use it-‘[t]he trustee.’”
Procedural preferences
Emergency treatment required a genuine need for immediate action, not merely a seller's preferred closing date.
“a seller wishes for a prompt closing is not grounds in and of itself to request expedited treatment of a motion.”
Cautions
Orders abandoning estate property carried strong finality and were reopened only in extraordinary circumstances.
“a strong policy of finality should accompany any abandonment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Plaintiffs Motion for Summary Judgment is DENIED.”
“the Defendants’ Motions for Summary Judgment are granted”
“the Motion to Disburse Cabin Funds and Payment of Administrative Expenses is DENIED.”
“Judgment is GRANTED in favor of Hutchinson.”
“Hutchinson’s request to amend his schedules to add Republic Bank & Trust Company as a Creditor is OVERRULED.”
“the Court has determined that the Motion to Vacate Default Judgment should be denied.”
“the debtors’ Motions to Avoid Lien is OVERRULED.”
“the Trustee cannot prevail pursuant to 11 U.S.C. § 544.”
“the Defendant’s Motion for Summary Judgment is GRANTED, and Plaintiffs Complaint is hereby dismissed, with prejudice.”
“the debt in the amount of $6,967.53 is non-dischargeable under the provisions of 11 U.S.C. § 523(a)(6).”
“the Renewed Motions to Set Aside the Order Granting Bank of America, N.A.’s Motion for Relief from the Automatic Stay and for Abandonment of Property are OVERRULED.”
“the Defendant be, and hereby is, denied a discharge pursuant to 11 U.S.C. § 727(a)(3).”
“the Debt- or’s Amended Objection to Claim of Roundup Funding, LLC is OVERRULED.”
“the Defendant’s counterclaims be and are hereby DISMISSED.”
“the Plaintiffs oral motion to amend is GRANTED.”
“Sons, Inc. is DISMISSED.”
A historical record
Judge Stosberg 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.