Wendelin I. Lipp
How Judge Lipp rules, drawn from 8 signed orders. Every observation links to the order it came from.
Judge Lipp no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lipp decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 13 debtor's ability to modify or strip a wholly unsecured lien did not depend on eligibility for a discharge.
“nothing in § 506, § 1322, or any other section of the Bankruptcy Code provides that a chapter 13 debtor's right to modify or strip off liens is conditioned on the debtor being eligible for a discharge.”
A medical-disability undue-hardship claim required evidence corroborating the debtor's testimony about lasting work limitations.
“discharge based on medical disability requires corroborating evidence to substantiate ‘what would otherwise be merely self-supporting testimony by the debtor.’”
Procedural preferences
Reconsideration required a recognized Rule 59 basis and could not be used simply to reargue a decided matter.
“Reconsideration of a judgment or order after its entry is an extraordinary remedy that should be used sparingly.”
Cautions
A deposition could be barred when shifting topics lacked relevance and imposed undue burden on a senior executive.
“The lack of relevance and transitory nature of Debtor's proposed inquiries establishes good cause for issuing a protective order in this instance.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the following reasons, the Motion to Vacate is denied.”
“both parties agreed that the Motion to Quash the Subpoena was moot because the Debtor temporarily withdrew his subpoena of Joseph Haskins”
“the Court finds that Harbor Bank is entitled to a protective order prohibiting Mr. Haskins from being deposed.”
“the Court finds in favor of the Plaintiff and the Defendant shall be denied a discharge pursuant to 11 U.S.C. §§ 727(a)(2), (3) and (4).”
“the Court finds that the Debtor shall be denied his discharge pursuant to 11 U.S.C. § 727(a)(7).”
“request to deny the Debtor a discharge under Section 727(a)(4) is denied.”
“the Court finds that the Plaintiff failed to prove that the Debtor’s actions constitutes a willful and malicious injury under Section 523(a)(6).”
“is awarded attorney’s fees in the amount of $36,921.00, plus $2,702.96 for the reimbursement of their out-of-pocket expenses incurred in connection with this matter.”
“For the above-stated reasons, the Motion is granted and the Amended Plan is confirmed.”
“the Claim filed by the Claimants shall be allowed as an unsecured claim in the amount of $79,210.48.”
“the Court finds that the student loan debt imposes an undue hardship on the Debtor and, pursuant to 11 U.S.C. § 523(a)(8), the debt will be discharged.”
A historical record
Judge Lipp 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.