Walter Shapero
How Judge Shapero rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Shapero no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shapero decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When competing reorganization plans are proposed, feasibility and comparative support can determine which plan receives confirmation.
“the SHG plan, while possibly more confirmable, remains inferior to the Sant plan, and that alone dictates the confirmation of the latter”
An integrated and undisputed transaction record can defeat an effort to separate protected transfers into isolated components.
“The totality of the undisputed record therefore supports a finding that Defendants have met their summary judgment burden”
Procedural preferences
A Chapter 13 debtor’s exclusion of Social Security income is not, by itself, a sufficient good-faith basis to deny confirmation.
“confirmation cannot be denied on good faith grounds solely for failure to include Social Security income”
Cautions
A new-value equity process needs genuine market exposure; a deficient auction can make the plan unconfirmable.
“the auction did not meet what the Court concludes is the ‘market exposure and/or competitive process’ requirement set forth in North LaSalle”
Defensive issue preclusion fails when the earlier proceeding did not give the opposing parties a sufficient opportunity and incentive to litigate the issue.
“whatever opportunity or incentive Plaintiffs had to pursue such claims against Lynch at the Arbitration were not sufficient to meet the above-noted requirements of collateral estoppel”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Tribe Defendants’ Motion to Dismiss must be granted.”
“the Trustee’s objections to confirmation are sustained, in part”
“confirmation of the proposed plan is denied”
“the Court grants confirmation of the Sant plan and denies confirmation of the SHG plan”
“Motion for Summary Judgment (Dkt. 266) is granted”
“confirmation of Debtor’s existing plan is denied”
“the Court overrules the Trustee’s objection to Debtor’s claims of exemption as to the Realty”
“Trustee’s objection to Debtor’s exemption is overruled”
“Because the parties agreed that the issue has been effectively mooted by virtue of the apparent fact that the tax refund will not materialize, the Court will deny that objection.”
“For the reasons set forth below, the motion is denied.”
“the Chapter 13 Trustee’s objection to confirmation is overruled”
“The Court is accordingly denying Debtors’ Motion for Reconsideration”
“Debtor’s Plan has not satisfied the absolute priority rule”
“their motion for summary judgment (Dkt. 187) is denied.”
“the Tribe Defendants’ motion to dismiss is denied.”
A historical record
Judge Shapero 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.