Michael E. Ridgway
How Judge Ridgway rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Ridgway no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ridgway decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A confirmed plan controlled a creditor’s claim treatment when no recognized exception to its binding effect applied.
“Because the confirmed plan binds parties, and because the plan did not treat CAB West as an administrative expense claimant, the Court will not either.”
The absence of a statutory requirement defeated a request for court authorization to incur post-petition debt.
“Court approval is simply unnecessary under these circumstances.”
Procedural preferences
Unambiguous statutory language was applied according to its ordinary meaning without resort to additional interpretive canons.
“If this Court concludes that the language of a statute is subject to only one reasonable interpretation, I must apply the statute’s plain meaning.”
A purported informal claim failed because the filing did not identify rejection damages or provide figures supporting them.
“A review of the motion, however, shows no mention of rejection damages, and no mention of any figures showing any calculations based on the ‘formula’ for computation of pre-rejection damages for termination of a lease of real property under § 502(b)(6)(A).”
Cautions
Post-discharge collection on an unenforceable agreement violated the discharge injunction.
“Attempting to collect on an unenforceable agreement that purports to allow the creditor to enforce a portion of the pre-petition debt violates the discharge injunction.”
Once the discharge claims failed on a narrower ground, the court declined to decide additional ownership and intent questions.
“Because the Court has ultimately determined that the Debtor did not conceal assets, the Court, under the doctrine of judicial restraint, need not decide whether either the ATV or the snowmobile is property of the estate, or whether the requisite intent for § 727(a)(2)(B) exists.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the movant’s motion for allowance of an administrative priority expense claim, or for case dismissal, is DENIED.”
“IT IS HEREBY ORDERED that the application of Karl Oliver for compensation in the sum of $2,500.00 is APPROVED.”
“The objection to the debtor’s claimed exemption by CHS, Inc. and the chapter 12 trustee’s joinder thereto is OVERRULED.”
“IT IS ORDERED that the debtors’ motion to incur debt and to obtain credit is DENIED.”
“The Trustee’s motion to compel turnover is DENIED.”
“The Trustee’s request for an award of $300.00 in attorney’s fees is DENIED.”
“The Debtor’s Amended Motion is GRANTED.”
“The motion of the UST is granted and the Debtors’ objections are overruled.”
“The motion by MacGillivray Ranch, LLC to reset the rejection date of its lease, from May 14, 2014 to July 15, 2014, is DENIED.”
“The motion by MacGillivray Ranch, LLC for an administrative claim for post-petition rents and other assessments is DENIED.”
“The request by MacGillivray Ranch, LLC for allowance of any pre-petition contract damages as an administrative claim is DENIED.”
“The Plaintiffs motion for summary judgment is GRANTED.”
“The application is granted in part and denied in part.”
“IT IS HEREBY ORDERED THAT the objection of the chapter 13 trustee is SUSTAINED and the Debtors’ confirmation of plan is DENIED.”
“For the reasons set forth below, the debtor's request to avoid certain judicial liens is granted in part and denied in part.”
A historical record
Judge Ridgway 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.