Elizabeth D. Katz
How Judge Katz rules, drawn from 10 signed orders. Every observation links to the order it came from.
How Judge Katz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A proposed Chapter 13 cure through loan modification is not categorically barred, but an objecting party can still raise case-specific feasibility and good-faith evidence.
“the Court is not persuaded that a Chapter 13 plan cannot be confirmed over a creditor's objection solely on the grounds that a loan modification cannot constitute ‘cure’ under § 1322(b)(5).”
Massachusetts homestead protection can extend to a qualifying principal residence that is also used for business activity.
“the Homestead Exemption is intended to apply to residential properties that may also be used for business purposes or in connection with commercial activities so long as the other conditions of the Homestead Statute are satisfied.”
Documents executed as parts of one integrated loan transaction may be read together to resolve ambiguity in a single instrument.
“any potential ambiguity must be resolved by reference to the loan documents as a whole.”
Accessible home equity may defeat an undue-hardship showing when liquidation can satisfy student loans without preventing a minimal standard of living.
“the existence of equity that could be liquidated to satisfy the debts negates any claim that payment of the loans imposes an undue hardship.”
Procedural preferences
A Chapter 13 debtor generally cannot exercise trustee avoidance powers beyond the narrow authority Congress expressly supplied.
“Chapter 13 debtors do not have standing to exercise a trustee's avoidance powers outside the narrow confines of § 522(h).”
Cautions
A sanctions request must comply with the separate-motion and safe-harbor requirements rather than ask the court to bypass them sua sponte.
“Having failed to comply, the Defendants seek an end run around these procedural requirements by inviting the Court to exercise its sua sponte powers under Rule 9011(c)(1)(B), an invitation which this Court declines.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Court will sua sponte DISMISS Count I of the Debtor’s complaint.”
“each of the Objections to the Debtors' Plans will be overruled in part and sustained in part”
“Accordingly, the Defendants' request for judgment as to Count II will be granted.”
“As for the Defendants' urging this Court to issue an order to show cause why the Debtor should not be sanctioned for refusing to voluntarily dismiss Count II with prejudice, that request must be denied.”
“the Court will SUSTAIN the Trustee’s objection”
“the Court will GRANT the Debtors' Motion.”
“the Court has no jurisdiction to adjudicate them, and the complaint must therefore be DISMISSED.”
“the Plan Objection will be sustained”
“the Motion for Relief from Stay will be granted”
“the Summary Judgment Motion will be granted”
“Accordingly, a judgment in favor of the Defendants and in conformity with this Memorandum shall enter forthwith.”
“The Arbitration Motion will therefore be denied as to Count I.”
“Counts I-IV and VI-VII will all be dismissed.”
“as to that claim (Count V) the Motion to Dismiss will be denied.”
Draft for Judge Katz with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Katz, and what has not, cited to the signed orders.
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