Dennis D. O'Brien
How Judge O'Brien rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge O'Brien no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge O'Brien decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 13 plan addressing significant prepetition tax debt also had to show that taxes arising during the plan would be paid when due.
“federal tax liabilities that come due for tax years ending while the case is pending must be paid when due.”
The annuity exemption turned on concrete evidence that the settlement funds were reasonably necessary for the debtor's support.
“The settlement annuity funds are reasonably necessary for Meyer’s support.”
Procedural preferences
The court declined abstention when retaining the proceeding promised a faster and less costly resolution that materially affected plan administration.
“The proceeding is substantially related to the bankruptcy case in that resolution will significantly impact consummation of the confirmed plan.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the trustee’s objection to the debtor’s claimed exemption in insurance proceeds, in the amount of $6,167.48, paid for pre-petition damage to his residence is SUSTAINED, and the exemption is DISALLOWED.”
The signed preference trial judgment is retained for reasoning but excluded from motion statistics.
“The Court sustains the objections and denies confirmation.”
“confirmation of the debtors’ Modified Chapter 13 Plan dated June 6, 2011, is DENIED.”
“the IRS motion to dismiss the case is also DENIED.”
“Confirmation of the debtors’ Fifth Modified Plan is DENIED”
“the case is DISMISSED.”
The signed dischargeability trial judgment is retained for reasoning but excluded from motion statistics.
“the trustee is entitled to avoid the transfer and recover the transferred funds from Gergen, the initial transferee.”
“On plaintiffs motion for summary judgment, the Court ruled in favor of the defendants on the claim under 11 U.S.C. § 523(a)(4).”
“Confirmation of the trustee’s proposed modified plan to restore a 60 month payment period to the debtors’ payment obligations is DENIED.”
“the defendants’ motion for abstention is denied.”
“The debtors’ case shall be dismissed as an abusive filing under 11 U.S.C. § 707(b)(1), unless they voluntarily convert to Chapter 13 within thirty days of the entry of this order.”
“The Court denies confirmation and dismisses the case.”
“Confirmation of debtor’s amended plane dated March 19, 2010, is DENIED”
“The debtor’s objection to claim # 13 of BAC Home Loans Servicing, L.P. is overruled”
“Confirmation of the debtor’s plan is DENIED.”
A historical record
Judge O'Brien 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.