David E. Rice
How Judge Rice rules, drawn from 13 signed orders. Every observation links to the order it came from.
How Judge Rice decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court enforced the terms of a confirmed plan against parties that had notice and did not object.
“Because a confirmed plan is binding on the parties, the court concludes that in this case the condominium also should be granted relief from the stay, but only to pursue collection from the debtor of the post-petition assessments that accrued prior to confirmation of the Chapter 13 plan.”
Procedural preferences
A request to stay an order pending appeal must establish a meaningful likelihood of success and address the remaining equitable factors.
“Thus, I conclude that the Debtor has not demonstrated that he has a substantial possibility of success on the merits of his appeal.”
Cautions
Retroactive annulment of the automatic stay is reserved for unusual circumstances where the equities strongly favor validation.
“This case presents the sort of unusual and compelling circumstance in which it is appropriate to grant retroactive relief to validate action that might otherwise be void by reason of violation of the automatic stay.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The court deferred lien-avoidance relief until the competing lien priorities could be adjudicated with all affected parties present.
“the court will enter a separate order consistent with this memorandum opinion that grants in part and denies in part the Motion for Relief from Automatic Stay filed by the Condominium.”
“grants in part and denies in part the Motion for Relief from Automatic Stay filed by the Condominium”
“denies the Debtor’s request for appointment of a person to sell the”
“ORDERED, that the Debtor’s Motion to Stay Order Granting Relief from Automatic Stay Pending Appeal should be, and it hereby is. DENIED.”
“the court will enter a separate order that denies with prejudice all relief sought in CEIC’s complaint.”
“Separate orders will be entered in each of these cases consistent with this Memorandum Opinion.”
“the claim asserted by Donna Giordano against Todd Collins is not excepted from discharge under § 523(a)(2)(A) of the Bankruptcy Code.”
“grants the Motion to Annul Stay and annuls the automatic stay under 11 U.S.C. § 362 as to the Property and the Tax Sale Foreclosure”
“denies the Motion to Void Tax Sale as moot.”
“the claim asserted by Kovens against Goodwich is excepted from discharge under both § 523(a)(2)(A) and § 523(a)(2)(B) of the Bankruptcy Code.”
“grants in part and denies in part the relief sought in Daisy Phillip’s complaint filed in this adversary proceeding.”
“the United States Trustee’s Motion to Disgorge Excessive Bankruptcy Petition Preparer Fee should be granted”
“the United States Trustee’s Motion to Disgorge Excessive Bankruptcy Petition Preparer Fee should be granted”
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