Benjamin P. Hursh

How Judge Hursh rules, drawn from 2 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the District of Montana
Position
bankruptcy
Appointed by
U.S. Court of Appeals for the Ninth Circuit
Commissioned
2017-02-01
Education
Montana State University, B.A., 1999; University of Montana School of Law, J.D., 2003
Signed orders read
2

How Judge Hursh 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 need only have a reasonable chance of success; speculative future setbacks do not defeat feasibility.

“If such speculative inquiries were relevant, it is hard to imagine any chapter 13 plan that would be feasible.”

Procedural preferences

Bad-faith objections require evidence tied to the governing factors rather than a cavalier allegation.

“Allegations of bad faith in connection with the filing of a petition or plan are serious and should not be made cavalierly.”

Cautions

Unsupported owner valuation may receive little weight when the schedules and testimony contain serious inaccuracies.

“While a debtor’s estimate of value may be acceptable in certain cases, the Court may give little weight to an opinion if not based upon sufficient facts.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Ewing
17-60929 · 2018-02-28
Objection to plan confirmation (secured creditor) Denied

“Dahlman's Objection is overruled”

Plan confirmation (debtor) Granted

“Debtor's Third Amended Chapter 13 Plan is confirmed.”

In re Russell
16-61257 · 2017-02-27
Motion for relief from stay (secured creditors) Granted

“IT IS ORDERED a separate Order shall be entered, in in conformity with the above, overruling Debtor’s objection and granting Movants’ Motion to Modify Stay.”

Draft for Judge Hursh with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Hursh, and what has not, cited to the signed orders.

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