Meredith S. Grabill
How Judge Grabill rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Grabill decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 13 debtor may qualify for CARES Act plan relief when the pandemic materially worsened an existing payment problem; the arrears need not have begun after the statute's effective date.
“nothing in the text of the CARES Act forecloses the relief available under § 1329(d) to those Debtors simply because they were behind in plan payments prior to March 27, 2020.”
A proof-of-claim objection that rebuts prima facie validity shifts the ultimate burden to the claimant, with applicable state law governing the trial burden.
“If the objecting party puts forth sufficient evidence to rebut a proof of claim’s prima facie validity, the claim is not per se denied.”
Procedural preferences
Competing lien claimants do not receive summary judgment when the record leaves genuine disputes about execution, validity, or ranking.
“Because the Court cannot weigh evidence at this stage, the Court finds that genuine issues of material fact exist the validity and ranking of lien rights held by both Whitney and Fairport REO such that summary judgment is inappropriate.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“this Court will enter orders (1) GRANTING the Second Motion To Modify Plan Payments filed by Beverly Gilbert, [No. 16-12120, ECF Doc. 91]”
“(2) DENYING the Trustee’s motion to dismiss, [No. 17-10402, ECF Doc. 93], and GRANTING the Motion To Suspend and Modify Chapter 13 Plan filed by Woodrow and Nadrine Hayden, [No. 17-10402, ECF Doc. 95]”
“(3) DENYING the Trustee’s motion to dismiss, [No. 19-11446, ECF Doc. 79], and GRANTING the Motion To Modify Chapter 13 Plan filed by Andrea Lucas, [No. 19-11446, ECF Doc. 96]”
“(4) DENYING the Trustee’s motion to dismiss, [No. 19-11993, ECF Doc. 43], and GRANTING the Motion To Modify Chapter 13 Plan Post-Confirmation filed by Tonja Masion Breaux, [No. 19-11993, ECF Doc. 45]”
“(1) GRANTS the SBA’s Motion for Reconsideration, [ECF Doc. 27];”
“(3) GRANTS the SBA’s Motion for Summary Judgment, [ECF Doc. 12]; and”
“(4) DENIES RTR’s Motion for Summary Judgment [ECF Doc. 14].”
“the Court determined to confirm the Plan.”
“the Court announced during the Confirmation Hearing that it would confirm the Plan.”
“IT IS HEREBY ORDERED that the Debtor’s Royal Alice Properties LLC’s Motion To Disqualify Barry Goldin as Counsel for Arrowhead Capital Finance Ltd. and To Strike Arrowhead’s Opposition and Objection to Debtor’s Amended Disclosure Statement, [ECF Doc. 174], is DENIED.”
“For the foregoing reasons, this Court GRANTS IN PART and DENIES IN PART the Emergency Motion of Debtor Royal Alice Properties LLC for (a) Reconsideration of the Court’s Order Dated September 4, 2020; (b) Authorization To Continue To Prosecute and Defend Adversary Proceedings and/or (c) Stay Pending Appeal.”
“Based on the foregoing, this Court (1) DENIES the UST’s Motion To Convert and WBL’s Joinder”
“and (2) DENIES AS MOOT the Debtor’s Motion To Dismiss.”
“IT IS ORDERED that the Motion is GRANTED.”
“IT IS FURTHER ORDERED that the Motion To Dismiss is DENIED.”
“the Court granted the Fee Application in part, awarding Lugenbuhl $48,087.50 in fees and $627.56 in reimbursable expenses for services rendered to Seven Three Distilling Company, LLC (‘Seven Three’ or the ‘Debtor’) after an Order for Relief was entered in the case on August 5, 2021.”
“For the reasons stated above, the Motion is GRANTED.”
“IT IS ORDERED that the Claim Objection is SUSTAINED IN PART and OVERRULED IN PART as set forth herein.”
“IT IS ORDERED that the Motion is GRANTED.”
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