Kesha L. Tanabe
How Judge Tanabe rules, drawn from 5 signed orders. Every observation links to the order it came from.
Judge Tanabe no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tanabe decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Constructive-fraud analysis turned on the objective depletion of the estate rather than the parties’ subjective intent.
“The subjective intentions of Debtor and Defendant are irrelevant.”
A means-test expense was unavailable when the debtors did not actually make the asserted monthly payment.
“Debtors should not be permitted to factor an expense into the Means Test if they do not actually pay such expense on a monthly basis.”
Procedural preferences
A short, nonprejudicial delay did not warrant the disfavored remedy of default judgment.
“A single instance of relatively short delay, especially where such delay poses no material obstruction to the proceeding, is akin to a ‘marginal failure to comply with time requirements,’ it is not a ‘failure to participate in the litigation.’”
At the pleading stage, plausible factual allegations did not need to establish the probability of ultimate success.
“The Trustee does not need to prove the accuracy of its factual allegations to survive a motion to dismiss, nor must it demonstrate the probability of its success on such claim.”
Cautions
Judicial estoppel prevented a creditor from taking a position inconsistent with admissions made in earlier proceedings.
“Creditor’s current position is clearly inconsistent with prior positions in other non-bankruptcy forums.”
The mere-conduit defense did not apply to a recipient who exercised dominion and control over transferred funds.
“These are all examples of dominion and control, and as a matter of law, Debtor is an ‘initial transferee’ under Section 550(a)(1).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“THEREFORE, IT IS ORDERED: the Motion is denied.”
“Accordingly, IT IS ORDERED: The Motion is GRANTED and Debtors’ case is DISMISSED.”
“The Motion is granted with respect to Counts I, II and III. The Motion is denied with respect to Count IV.”
“For all the foregoing reasons, Debtor’s Motion Objecting to Proof of Claim No. 11 is granted, and Proof of Claim No. 11 is disallowed.”
A historical record
Judge Tanabe 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.