Marci B. McIvor
How Judge McIvor rules, drawn from 22 signed orders. Every observation links to the order it came from.
Judge McIvor no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McIvor decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A fraudulent-transfer claim was allowed to proceed because it sought estate property rather than a tax refund.
“The Trustee is not seeking a tax refund, the Trustee is seeking to recover property that Debtor should have used to pay her own creditors.”
Detailed admissions from earlier litigation supplied the factual basis for nondischargeability.
“Defendant’s admissions operate as factual findings sufficient to prove fraud under 11 U.S.C. § 523(a)(2)(A).”
Procedural preferences
Issue preclusion can apply after extensive participation even when the prior case ends in a default at trial.
“Defendant actively participated in litigation for four years. On the day of trial, Defendant filed for bankruptcy, rather than appearing at the trial.”
Cautions
Stay relief requires a legally sufficient default or other cause; ordinary plan treatment of a secured claim was not enough.
“The modification of a creditor’s secured claim is not grounds for lifting the stay.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The IRS’s Motion to Dismiss the Trustee’s claim under § 544(b)(1) is denied.”
“Debtor’s Objection to Carrington Mortgage Services, LLC’s Proof of Claim (Claim No. 3) is sustained.”
“Defendants’ Motion for Partial Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c) is DENIED.”
“Defendants Findling and Nathan’s Motion for Summary Judgment is GRANTED”
“Defendant Dwellings Unlimited, LLC’s Motion to Dismiss is GRANTED”
“Plaintiff’s Motion for Summary Judgment is granted.”
“Plaintiff’s request for attorney fees is denied.”
“this Court DENIES KWF’s Motion to Recuse”
“Debtors’ Motion for Reconsideration is granted”
“the creditor’s Motion for Relief from Stay Regarding Funds on Deposit is denied”
“the Court denies Debtor’s request that attorney fees incurred in objecting to a NMPC be awarded against U.S. Bank”
“Plaintiff’s Motion for Summary Judgment is granted”
“Defendants’ Motion for Summary Judgment is denied”
“this Court DENIES Plaintiff’s request that her student loans be discharged under 11 U.S.C. § 523(a)(8)”
“this Court GRANTS Defendants’ Motion to Dismiss”
A historical record
Judge McIvor 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.