James D. Gregg
How Judge Gregg rules, drawn from 29 signed orders. Every observation links to the order it came from.
Judge Gregg no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gregg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Substantial participation in earlier litigation supported issue preclusion even though the state judgment was ultimately entered by default.
“filed an answer, participated in discovery, attended mediation, and filed two motions for summary disposition”
A mortgage describing the wrong platted lot did not give constructive notice sufficient to defeat the trustee's bona-fide-purchaser powers.
“Neither of the indices disclose that the Bank has a mortgage on the Debtor’s real property, Lot 5”
Procedural preferences
Reconsideration requires genuinely new evidence and due diligence; it is not a vehicle to supplement a record that could have been developed earlier.
“the Debtor and his counsel did not exercise due diligence to obtain the documents prior to entry of the court’s order”
Plan confirmation binds parties that received adequate notice, while a failure to serve the operative amended plan can preserve their outside remedies.
“failure to substantially comply with a court order regarding requisite notice is fatal”
Cautions
A conversion request may be denied when the record shows manipulation of the bankruptcy process rather than a good-faith effort to repay creditors.
“The Debtor’s actions in this case present sufficient indicia of bad faith and abuses of the bankruptcy process to justify denial of his motion to convert.”
A complaint that lacks plausible support under the governing sale and confirmation orders may be dismissed without requiring an amended pleading.
“there is nothing ‘plausible’ to support the Trustee’s position”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The motion sought several forms of relief that were handled differently and is retained without reducing the mixed remedies to one motion outcome. Grounding: “the court’s judgment will direct Rittenhouse to disgorge to the Desilets and Lampi estates $72 and $800, respectively.”
“The Debtors' requested postconfirmation plan modification is denied.”
“GMAC's amended secured claim is allowed over the Debtors' objection.”
“First Bank’s Motion for Summary Judgment is therefore granted in part and denied in part.”
“North Country’s Motion for Summary Judgment is granted in part and denied in part.”
“The Debtors' objection to the claim of the Bank is sustained.”
“this court denies Retail Team’s Motion for Reconsideration.”
“The court also denies Retail Team’s request that the closing of the sale be stayed.”
After trial, the complaint was dismissed. Grounding: “The complaint shall be dismissed for no cause of action.”
The court dismissed an abusive involuntary petition on its own initiative. Grounding: “The court determines the proper disposition of this involuntary bankruptcy petition is to dismiss the case with prejudice.”
“the Debtor’s motion to convert his chapter 7 case to chapter 13 is denied.”
The decision declared the parties' rights rather than resolving a party motion. Grounding: “Geno is not bound by the Order Confirming Fourth Amended Joint Plan Of Reorganization.”
“the court finds that certification of the class proof of claim is appropriate in this contested matter.”
“all claims of the Reclamation Claimants shall be relegated to general unsecured claims and be treated as such under the confirmed Plan.”
After trial, the trustee prevailed on a constructive-fraud claim after offsets. Grounding: “the Trustee shall retain the funds in the escrow account and Word shall pay the Trustee $7,784.38.”
A historical record
Judge Gregg 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.