E. Stephen Derby
How Judge Derby rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Derby no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Derby decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court favored a clear filing-time rule when the statutory language and bankruptcy structure supported one.
“The better result is to use as a bright line the moment of filing, as is done elsewhere in the Bankruptcy Code.”
Express retention of estate claims in a confirmed plan supported a representative's authority to pursue them for creditors.
“Section 1123(b)(3)(B) creates the requisite standing in the Litigation Trustee as representative of the estate to assert these state law fraudulent conveyance actions because these causes of action belong to the bankruptcy estate.”
Procedural preferences
A reorganizing debtor was expected to disclose known material assets fully before confirmation.
“USi was required to make full and honest disclosure of all its assets of which it was aware, in order for the bankruptcy reorganization process to remain true to its goals.”
Cautions
A post-confirmation request for additional pre-confirmation fees required attention to notice, funding, and the plan's binding terms.
“when the first alert that additional pre-confirmation fees will be claimed as an administrative expense payable from the plan is after the plan has been confirmed, there is a sandbagging effect on the plan and the confirmation process.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED, that the motion of First Shore Federal to declare the stay inapplicable because the Debtor is ineligible under 11 U.S.C. § 109(h)(1) is DENIED.”
“For the reasons stated herein, the Court shall grant the motions to dismiss, in part, and shall remand the remaining claims to the California Superior Court, San Mateo County.”
“ORDERED, that Claims Two, Three, Five, and Six in the Amended Complaint are REMANDED to California Superior Court, San Mateo County, Civil Action No. CIV 441948, for consideration of Defendants’ Motions to Dismiss and further proceedings”
“MEMORANDUM AND ORDER AS TO REAL PROPERTY DENYING RELIEF UNDER 11 U.S.C. §362(d)(4) AND GRANTING CERTAIN IN REM RELIEF”
“ORDERED, that Chase Home Finance LLC’s Motion for imposition of a statutory servitude under 11 U.S.C. §362(d)(4) on the property located at 1337 Chapelview Drive, Odenton, Maryland, is hereby DENIED”
“ORDERED, that Community Development Administration’s Motion for imposition of a statutory servitude under 11 U.S.C. §362(d)(4) on the property located at 551 East 38th Street, Baltimore, Maryland, is hereby DENIED”
“For the reasons set forth above, the Committee's complaint will be dismissed for lack of jurisdiction.”
The court dismissed a Chapter 13 case filed for a decedent's probate estate because the estate was not eligible to be a debtor.
“ORDERED that Tidewater’s Motion for Summary Judgment is DENIED”
“ORDERED that Tidewater’s objection to Debtor’s discharge under 11 U.S.C. §727(a)(8) is OVERRULED.”
The court clarified malpractice-insurance priorities and limited an injunction to prepetition malpractice claims under the confirmed plan.
“Therefore, the motions to dismiss will be denied by separate order entered in each adversary proceeding.”
“ORDERED, that the fee application of Debtor's counsel is DENIED, except to the extent the fees have been paid or included in the plan amount, with leave to amend to identify a source of payment consistent with this opinion.”
“ORDERED, that Heathcon Holdings, LLC’s Motion for Relief from Stay is DENIED.”
“ORDERED, that the Cross-Motion for Summary Judgment by the Attorney Grievance Commission of Maryland is GRANTED”
“ORDERED, that the Debtor’s Motion for Summary Judgment is DENIED.”
“ORDERED, that Defendants’ Motion to Dismiss is DENIED.”
A historical record
Judge Derby 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.