Gregory F. Kishel
How Judge Kishel rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Kishel no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kishel decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For an omitted creditor, the analysis focused on the lost right to file a timely claim and participate in the estate without a separate priority proceeding.
“The right to ‘timely’ file a proof of claim, to stake out a share in the estate without the cost and uncertainty of a judicial proceeding over its priority, is the only right to participate in the bankruptcy process that is cognizable under § 523(a)(3)(A).”
A hypothetical dispute over value did not let debtors displace the trustee's control over estate assets.
“The Debtors have no right to force the issue of control of the equity interests themselves, by raising a hypothetical issue of value.”
Procedural preferences
Subjective fraud issues were reserved for trial when credibility and witness demeanor were central to the disputed facts.
“Fact-finding on these issues often turns on determinations of the credibility of witnesses’ statements as to historical events and parties' subjective states of mind. Such fact-finding is best reserved for a time after in-trial observation of witnesses’ demeanor and their performance under cross-examination.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Plaintiffs motion for summary judgment is granted.”
“the motion of Defendants Michael J. Hofer, et al, for a transfer of this adversary proceeding to the district court is denied.”
“The Trustee’s objection is sustained.”
“The Trustee’s request for an eviden-tiary hearing on her allegations of bad faith, and any inherent request for imposition of sanctions on the Debtors, is denied.”
“There is a basis under 11 U.S.C. § 303(h) for ordering relief under Chapter 7, as to the debtors in both of these cases.”
“The Debtors’ request for a change of the venue of these cases is denied.”
The signed trial judgment fixed a debt and excepted it from discharge; it is retained for reasoning but excluded from motion statistics.
The signed procedural order required consent statements and took the cross-motions under advisement without deciding them.
“The Plaintiffs motion for summary judgment is denied, in its entirety.”
“The Defendants are entitled to summary judgment in their favor, on Counts II-V of the Plaintiffs complaint”
“the motion of the United States Trustee for dismissal of this case pursuant to 11 U.S.C. § 707(b)(1) is denied.”
“1. The Defendant is not personally indebted to the Plaintiff under a promissory note in favor of the Plaintiff that was executed by the Defendant in a capacity as CEO of Main Street Otsego, LLC on November 6, 2008, either as a promisor or as a guarantor. 2. In this adversary proceeding, the Plaintiff may not seek to have the Defendant found personally liable to it on the ground that the corporate veil of Main Street Otsego, LLC may be pierced, and that the Defendant therefore is obligated to the Plaintiff on the debt of Main Street Otsego, LLC to the Plaintiff. 3. The Defendant’s motion for summary judgment is denied in all other respects.”
“The Debtors’ modified plan is not approved.”
“The Trustee’s objection is sustained.”
“Village Bank is granted relief from the automatic stay of 11 U.S.C. § 362(a)”
A historical record
Judge Kishel 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.