Kathleen Hvass Sanberg
How Judge Sanberg rules, drawn from 15 signed orders. Every observation links to the order it came from.
Judge Sanberg no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Sanberg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Property-valuation relief required reliable evidence tied to the property rather than automated internet estimates.
“Internet searches are insufficient evidence of property value because they are at best questionable and at worst evidence of nothing.”
Constructive-fraud summary judgment followed when undisputed evidence established insolvency and the absence of reasonably equivalent value.
“Plaintiff has shown as a matter of law that PCI did not receive reasonably equivalent value for the Transfers and that PCI made the Transfers while insolvent.”
Procedural preferences
A Chapter 13 fresh start did not by itself justify discriminatory treatment among unsecured creditors.
“A debtor’s interest in a ‘fresh start’ is not a sufficient basis to justify discrimination under § 1322(b)(1) by itself, rather, the interests of creditors must also be considered.”
A fact-intensive equitable defense could not support summary judgment where the estate entered bankruptcy under an independent receiver.
“There was no wrongdoer at the time of the filing the petition. Thus, the receivership prevents the application of the in pari delicto defense.”
Cautions
The bankruptcy disclosure duty required complete schedules without forcing trustees or creditors to reconstruct omitted information.
“The effectiveness of the bankruptcy system depends on the Debtor’s complete candor, and it is not the job of the trustee or creditor to search for information about the Debtor that should be readily disclosed in his bankruptcy Schedules and Statements.”
Discharge revocation was treated as an exceptional remedy requiring strict proof of every element.
“Revocation of discharge is a harsh and severe result.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The appointment of an ombudsman is not necessary in this case and, therefore, the motion is granted.”
“The Debtor’s motion to determine value of property is denied.”
“The debtors’ application to reopen their chapter 7 case is DENIED.”
“Based on these findings, the court denies in part and grants in part the plaintiffs’ application for default judgment.”
“The court grants summary judgment to the plaintiff for the reasons stated below.”
“The chapter 13 trustee’s motion is granted.”
“The defendant’s debt to the plaintiff is not excepted from the defendant’s discharge.”
“IT IS ORDERED: The defendant’s discharge is denied pursuant to 11 U.S.C. § 727(a)(4)(A).”
“The motions to dismiss are granted in part and denied in part.”
“The Defendants’ Motions to Dismiss are granted in part and denied in part consistent with the rulings set forth herein, as well as in this Court’s May 19, 2016, and May 31, 2016, orders.”
“The Motion for Judgment on the Pleadings brought by Defendant DZ Bank in Adv. No. 10-4301 is granted in part and denied in part as discussed herein.”
“The Motion is granted in part and denied in part.”
A historical record
Judge Sanberg 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.