John W. Kolwe
How Judge Kolwe rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Kolwe decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court separated dischargeability components and awarded judgment only where the prior record established the statutory element for that component.
“the award of these damages is nondischargeable because the debt resulted from a malicious or willful injury by the Debtor that caused a personal injury to Mr. LeBlanc.”
Procedural preferences
A party that knew of a Chapter 11 case but chose not to participate could not later use setoff or recoupment to avoid the confirmed plan's discharge and injunction.
“the Defendants would be barred from raising their setoff and recoupment claims defensively in this case even if the language of the confirmed Plan did not discharge and enjoin the assertion of those claims.”
Cautions
In a court-initiated sanctions order, unreliable citations and quotations led to a monetary sanction, required legal education, and striking of the filings.
“IT IS FURTHER ORDERED that Ms. Wilson’s Objection (ECF # 63), Supplemental Response (ECF # 67), and Corrected Supplemental Response (ECF # 78) are STRICKEN as if they were never filed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Court will enter an order of relief under chapter 7 of the Bankruptcy Code.”
“the Court finds that the Trustee has established as a matter of fact and law that the December 9, 2015 $24,500.00 payment was an avoidable transfer under § 547(b).”
“For the reasons set out above, LWC’s Motion for Summary Judgment (ECF #21) is GRANTED.”
“Crescent’s Motion to Dismiss (ECF #165) and Motion to Reconsider Transferring Venue (ECF #172) will be denied.”
“Crescent’s Motion for Partial Summary Judgment will be granted in part as to claims under § 548(a) for transactions occurring more than two years prior to the petition date and under the Louisiana revocatory action (as applicable under § 550) for claims occurring prior to August 1, 2010, but will otherwise be denied.”
“Accordingly, Crescent’s Motion to Reconsider will be denied.”
“IT IS RECOMMENDED that the Non-Bank Defendants’ Motion for Partial Summary Judgment (ECF #397) be GRANTED IN PART as to Count 7 (Suit on Open Account). Otherwise, IT IS ORDERED that the Non-Bank Defendants’ Motion for Partial Summary Judgment (ECF #397) be DENIED IN PART”
“the Plaintiff’s and Crescent’s Motions for Partial Summary Judgment (ECF ##408 and 420) be DENIED.”
“Mr. LeBlanc is entitled to judgment on his Motion (ECF #17) declaring the damages award for defamation in the District Court Judgment is nondischargeable. Otherwise, Mr. LeBlanc’s Motion denied.”
“The Debtor’s Cross-Motion for Summary Judgment (ECF #20) is granted in part, in that the District Court’s award of costs and fees are declared to be dischargeable because those fees and costs would not have been recoverable as damages on a defamation claim under Louisiana law; otherwise, the Debtor’s Motion is denied.”
“Finally, the Plaintiffs’ Motion for Partial Summary Judgment (ECF #25) is granted”
“the Court will grant the Liquidating Trustee’s Motion for Summary Judgment (ECF #26)”
“deny the Defendants’ Motion for Summary Judgment (ECF #44)”
“deny the Defendants’ Motion for Summary Judgment (ECF #44) and Motion for Relief from Confirmation Order (ECF #45)”
“the Court concludes that the U.S. Trustee has carried his burden of proving that the Debtor’s discharge should be revoked under § 727(d)(1) and § 727(d)(2) as prayed for.”
“IT IS ORDERED that there be Judgment in favor of the Plaintiff, Fundamental Funding, LLC, and against the Defendant Debtor, Charles Stephen Goodman, rendering the Plaintiff’s claim against the Debtor nondischargeable”
“IT IS ORDERED that the Debtor’s Motion for Stay Pending Appeal (ECF #200) is DENIED”
In a court-initiated show-cause order, the court imposed a monetary sanction, required legal education, and struck filings containing unreliable authorities.
“Accordingly, Planet’s Motion (ECF # 24) is granted.”
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