Maria Ellena Chavez-Ruark
How Judge Chavez-Ruark rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Chavez-Ruark decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court gave substantial weight to avoiding inconsistent judgments and respecting a state court's ability to review its own proceedings.
“The Court finds the risk of inconsistent results and the interest of comity with the State Court to be the most compelling reasons for abstention.”
Procedural preferences
Fraud-based claims must identify supporting facts rather than rely on conclusory allegations.
“The insufficiency of the Complaint’s allegations against Hanrahan is more apparent when considered in the context of Rule 9(b), which requires that Pieterse and Cahall state ‘with particularity’ the circumstances relating to any fraud-based claims.”
Cautions
Allegations of bad faith or misconduct should be supported by evidence before they are presented to the court.
“allegations of bad faith and misconduct are powerful statements and hot button issues for the Court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Court will grant the Defendant’s Motion to Dismiss.”
“Because this is a matter of first impression and there is nothing to indicate the Plaintiffs acted in bad faith in filing the Complaint, the request will be denied.”
“Therefore, the Defendant is entitled to summary judgment on Count I, which seeks avoidance of a fraudulent conveyance. Because the transfer cannot be avoided, the Property or its value cannot be recovered under Section 550 and the Trustee cannot sell the Property under Section 363(h). Thus, the Defendant is also entitled to summary judgment on Counts II and III.”
“Accordingly, the Court will grant the Motion to Dismiss and dismiss the Complaint with prejudice as to Hanrahan.”
The court abstained to avoid inconsistent results with pending state proceedings and dismissed the remaining complaint without prejudice.
“For the reasons set forth above, the Court will deny the Motion to Dismiss.”
“Therefore, the Court will grant the Trustee’s and Cantwell-Cleary’s Motions subject to further proceedings to determine whether conversion or dismissal is in the best interests of creditors and the estate”
“ORDERED, that the Motion is denied as set forth herein;”
“For these reasons, the Court will approve the Application and award the Trustee compensation in the amount of $21,423.65 for services rendered and reimbursement of expenses in the amount of $407.00.”
“the Court will approve the Application, overrule the objections of the U.S. Trustee and Ms. Kim”
“the Debtor is entitled to judgment as a matter of law on Counts I and II of the Complaint”
“the Defendant is entitled to judgment as a matter of law on Count III.”
“The Court will enter orders granting the NBC Entities’ Lift Stay Motion”
“The Court will enter orders granting the NBC Entities’ Lift Stay Motion, U.S. Bank’s Lift Stay Motion”
“The Court will enter orders granting the NBC Entities’ Lift Stay Motion, U.S. Bank’s Lift Stay Motion, and the Motion to Dismiss.”
“the Court concludes that the standard for summary judgment is met because there are no material facts in dispute and the U.S. Trustee is entitled to partial judgment as a matter of law.”
“the Court will enter judgment in favor of Powder Mill Village and against the Debtor on all counts of the Debtor’s Counterclaim”
“Motion to Dismiss, dismiss the Debtor’s Counterclaim”
“grant Powder Mill Village’s Motions to Remand, abstain from exercising jurisdiction over the Eviction Complaints”
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