Arthur J. Spector

How Judge Spector rules, drawn from 18 signed orders. Every observation links to the order it came from.

Judge Spector no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Eastern District of Michigan
Position
bankruptcy
Status
No longer serving
Signed orders read
18

How Judge Spector decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A solvent reorganizing debtor needed a persuasive reason to pay dissenting commercial creditors less than their contract rate.

“A debtor with the financial wherewithal to honor its contractual commitments should be required to do so.”

Procedural preferences

A plan provision could not substitute for the adversary proceeding required to invalidate a lien.

“under the Bankruptcy Rules, an adversary proceeding is the proper procedure to challenge the validity of liens.”

Cautions

A defendant's actual notice and delay in raising defective service supported an extension where dismissal would permanently bar the claim.

“For these reasons, the Court concludes that extension is appropriate.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Donaldson v. Lopez (In re Lopez)
· 2002-03-20
Motion to dismiss adversary complaint (Frank Lopez) Denied

“An order shall enter denying the Defendant’s motion, and directing the Plaintiff to effect service on or before April 5, 2002.”

In re Johnson
· 2002-02-15
Objection to claim of exemption (Chapter 7 Trustee) Granted in part

“sustaining her objection to the allowance of the Debtor’s exemption of the Salomon Smith Barney account, but denying her objection to the Debtor’s exemption of the life insurance policies.”

In re Dow Corning Corp.
· 2001-06-21
Motion to strike record on appeal (Dow Corning Corporation) Denied

“Because the Debtor failed to meet that burden, its motion to strike was denied.”

In re Daniels
· 2001-12-06
Objection to claim of exemption (Chapter 7 Trustee) Granted

“The Court will sustain the Trustee’s objection”

Bessette v. Bank One (In re Bessette)
· 2001-10-30
Motion to dismiss adversary complaint (Bank One, Michigan) Granted

“the Court will grant Bank One’s motion to dismiss the Debtors’ complaint.”

Hutchison v. Birmingham (In re Hutchison)
· 2001-12-07
Summary judgment (Keith Hutchison) Denied

“an order will enter denying the Plaintiffs motion for summary judgment and granting the Defendant’s motion seeking the same relief.”

Summary judgment (Melissa Birmingham) Granted
In re Spradlin
· 2002-03-18
Summary judgment (Robert C. Spradlin) Granted

“Spradlin’s motion will be granted and the Creditors’ motion denied with respect to this issue.”

Summary judgment (Steelcase parties) Denied
In re Dow Corning Corp.
· 2001-10-30
Summary judgment (United States) Granted in part

“The United States is entitled to summary judgment on the question of whether it properly disallowed the interest deductions for Trade Debt.”

Summary judgment (Dow Corning Corporation) Granted in part

“The Debtor is entitled to summary judgment on the question of whether it properly deducted interest liability on the Institutional Debt, but only to the extent such deductions reflect an interest rate of 6.28%.”

In re McMillan
· 2000-05-26
Objection to plan confirmation (Chapter 13 Trustee and Household Finance Corporation III) Granted

“the Court will enter an order sustaining the objections of the Trustee and HFC and denying confirmation of Debtor’s plan.”

Application for plan confirmation (Glenda McMillan) Denied
In re Barnes
· 2001-06-06
Objection to claim of exemption (Chapter 7 Trustee as to the CREF interest) Moot / procedural

“The trustee’s objection to the non-estate interest will therefore be dismissed as moot.”

Objection to claim of exemption (Chapter 7 Trustee as to the TIAA annuity) Denied

“the Court will enter an order overruling the trustee’s objection to the allowance of the Debtor’s exemption of this asset.”

In re Xofox Industries, Ltd.
· 1999-11-29
Objection to plan confirmation (Michigan Department of Treasury) Denied

“the Court has overruled the State’s objection and confirmed the plan.”

In re Dow Corning Corp.
· 1999-12-01
Application for cramdown confirmation (Dow Corning Corporation and Official Committee of Tort Claimants) Granted

“The Plan, having met the requirements of cramdown under § 1129(b)(1) with respect to Class 18, may be confirmed in spite of the dissenting vote of this class.”

Caseload & timing

From public federal docket records for this judge.

No case-duration or motion-timing estimate is reported because the retrieved sampled matters contained no archived entries.

A historical record

Judge Spector 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.