Louis H. Kornreich
How Judge Kornreich rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Kornreich no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kornreich decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A student-loan hardship showing may rest on the debtors' full financial outlook, necessary expenses, age, and persistent health limitations.
“Having weighed the debtors’ past, present and future financial resources, their reasonable necessary living expenses, and other relevant facts and circumstances, particularly the debtors’ age and current health issues, I conclude that excepting their educational loans from discharge would impose an undue hardship on them.”
The statutory limitations period was applied from the trustee's appointment under the provision named in the statute, allowing the timely avoidance action to proceed.
“This action was commenced exactly one year after the Trustee became the first trustee under § 702. Therefore, this action is timely, and the Defendants’ motion is denied.”
Procedural preferences
A request for abstention should be supported by a developed evidentiary record rather than broad assertions about the parties' interests.
“The request for abstention will be denied because it lacks a proper evidentiary basis.”
For replacement-value evidence, retail listings were materially more useful than trade-in figures.
“Had Bradley used Kelley retail listings as the source of his opinions, they would have been acceptable evidence of replacement value.”
Cautions
An attorney-client relationship alone did not establish the technical trust required for a fiduciary-capacity discharge exception.
“No property was entrusted to Ingeneri. Thus, there was no technical trust and no fraud or defalcation with respect to property.”
Reconsideration requires more than disagreement where the governing law permits competing approaches and no controlling authority resolves the choice.
“In the absence of a decision from the First Circuit, or compelling reasons, choosing one path over the other is not manifest error.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Anderson has failed to establish that Ingeneri engaged in fraud or defalcation while acting in a fiduciary capacity.”
“The motion for summary judgment will be granted.”
“The request for abstention will be denied.”
“Federal courts are nearly unanimous in holding that a breach of fiduciary duty claim is an action in equity, to which no jury right attaches.”
“For the above reasons the alter ego claim is not property of the estate. Count Y shall be dismissed.”
“Therefore, judgment shall enter for Curtis and she shall be awarded damages in the amount of $39,384.80.”
“Therefore, National’s objection to confirmation is sustained. Confirmation is denied without prejudice.”
“The judgment lien is avoidable under § 522(f)(1)(A).”
“The Defendant has an allowed fully secured claim in the amount of $4,597.73 plus interest at the statutory judgment rate from the date of bankruptcy, and fees in the amount of $5,538.30.”
“Partial summary judgment shall be granted to the debtors as follows:”
“For the reasons which follow, the Trustee’s objection is sustained and Diane’s claim is allowed in full.”
“The objections of Gasink and Metz are overruled and the abandonment will be approved.”
“Both of Hosford’s objections are denied.”
“On that basis Hosford’s lien shall be avoided completely even if her claim is not discharged.”
“Thus it is my conclusion that all of the student loan obligations shall be discharged.”
“Therefore, this action is timely, and the Defendants’ motion is denied.”
A historical record
Judge Kornreich 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.