Jerry A. Brown
How Judge Brown rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Brown no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brown decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A contractual allocation may sharply limit an environmental proof of claim when the claimant proves only a defined subset of cleanup costs.
“the court finds that PMAC’s claim is limited to $147,203.99, which represents the costs PMAC proved were necessary to clean up the forty-eight SWMUs and three AOCs identified in the Kearney Site Report.”
A produce seller retained trust protection for invoice principal but not added interest and fees where printed invoice terms did not form a contract.
“Accordingly, DiMare is entitled to the payment of the total principal on its invoices from the PACA trust. DiMare’s request for interest and attorneys’ fees are denied as terms printed on invoices do not constitute a contract.”
Procedural preferences
A reorganization plan cannot distribute value to old equity over a dissenting unsecured class without satisfying the absolute-priority rule.
“the court finds that the amended and supplemental joint Chapter 11 plan of reorganization in its current form is not confirmable under 11 U.S.C. § 1129(b). Confirmation is hereby denied.”
After confirmation, a new damages claim requires a demonstrated connection to implementation or execution of the confirmed plan.
“The claim here is a postpetition claim for damages by a debtor whose plan has already been confirmed. The bankruptcy estate no longer exists, and no evidence exists that the matter relates to the implementation or execution of the plan.”
Cautions
Attorney compensation must be fully disclosed, and fees may be refunded when contracted services are not delivered.
“The court finds that Chesson violated 11 U.S.C. § 329(a) and Federal Rule of Bankruptcy Procedure 2016. The court orders that Chesson refund $575 to the debtor for failure to provide all of the services called for in the contract between them.”
Revocation of discharge is an exceptional remedy requiring both timely discovery and clear proof of fraud.
“The revocation of a debtor’s discharge is a serious measure that should not be granted absent a clear finding of fraud in light of the serious consequences it imposes on the debtor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth in this memorandum opinion, the court finds that PMAC’s claim is limited to $147,203.99, which represents the costs PMAC proved were necessary to clean up the forty-eight SWMUs and three AOCs identified in the Kearney Site Report.”
“The court orders that Chesson refund $575 to the debtor for failure to provide all of the services called for in the contract between them.”
“At the hearing the court sustained the debtor’s objection to claims 1 and 7”
“The objection to claim 5 was sustained”
“The claim has already been disallowed, and the debtor’s motion for sanctions is denied.”
“The court finds that OCA breached the contract and that Bush properly terminated the contract.”
“As a result, Bush is obligated to pay OCA $3,533,595 plus interest at the various rates discussed above.”
“the court granted the motion in part and dismissed OCA’s causes of action for recovery-on an account stated and specific performance.”
“The court dismisses them as moot.”
“This claim is denied as unsupported by the evidence.”
“The claim for additional mentoring fees is dismissed.”
“Once a contract has been terminated it is no longer executory. The motion is denied.”
“The application of Greenwich is therefore denied.”
“For the reasons stated above, the debt- or’s taxes relating to the tax years 1987 through 1989 are declared dischargeable; the taxes for the tax years 1990 through 1993 are declared non-dischargeable.”
“For the foregoing reasons, the court holds that Mr. Catalanotto did not incur any debt to Imperial by false pretenses, false representations, actual fraud, or a false financial statement.”
“The court further finds that Mr. Catalanotto’s representation about Vend Rite’s past or future earnings did not constitute a willful and malicious injury.”
“The court exercises its discretion in this case to disallow the attorney’s fees requested by the debtor.”
“Accordingly, DiMare is entitled to the payment of the total principal on its invoices from the PACA trust.”
“DiMare’s request for interest and attorneys’ fees are denied as terms printed on invoices do not constitute a contract.”
“the court finds that the amended and supplemental joint Chapter 11 plan of reorganization in its current form is not confirmable under 11 U.S.C. § 1129(b). Confirmation is hereby denied.”
“Totten’s actions in negotiating that contract amounted to conduct that makes Quinlivan’s debt to Tummel & Carrol, as set forth in the judgment rendered by the Texas state court and recognized by the Civil District Court for the Parish of Orleans in Case No. 94-3215, nondischargeable under 11 U.S.C. § 523(a)(2)(A).”
“The motion is therefore denied.”
“For the reasons stated above, the trustee’s complaint seeking to revoke the debtors’ discharge is dismissed.”
A historical record
Judge Brown 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.