Nancy V. Alquist
How Judge Alquist rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge Alquist decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court evaluated household expenses in context and allowed a modest pet-care expense where it was reasonable and imposed little harm on creditors.
“This Court finds that the Debtor’s claimed pet care expense is reasonable, and although the Debtor neglected to do so, is an appropriate expense to have been listed on Line 60 of Form 22C.”
Procedural preferences
A party that substantially participates in litigation before invoking arbitration risks waiving the contractual right to arbitrate.
“In this case, Ford has waived its right to demand arbitration.”
Cautions
Merely labeling a debt disputed does not remove it from the Chapter 13 eligibility calculation.
“The Debtor urges that a debt which he labels as ‘disputed’ for purposes of preparing his schedules of debts, cannot be either a ‘noncontingent’ or ‘liquidated’ debt for §109(e) purposes. The Court disagrees.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that the Trustee’s Supplemental Objection [17] to Confirmation of Debtor’s Amended Chapter 13 Plan [14] is hereby overruled in part and sustained in part;”
“ORDERED that the Confirmation of Debtor’s Chapter 13 Plan [14] is Denied but With Leave to Amend in a manner consistent with this Order.”
“ORDERED that Motion Stay Proceedings Pending Arbitration is hereby denied;”
“Here, there is no dispute that the Trustee is entitled to sell. The only dispute is as to the allocation of net proceeds of such a sale pursuant to § 363(j)”
“The Court will deny the Motion for Summary Judgment of Guaranty Residential Lending, Inc.”
“ORDERED that the Chapter 13 Trustee’s Motion to Dismiss for Failure to Qualify for Relief Under Chapter 13 [19] is GRANTED.”
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