Ralph B. Kirscher
How Judge Kirscher rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Kirscher no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kirscher decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A claimed worthless-stock deduction required evidence identifying when the stock's value unequivocally ended.
“Debtors failed to show any identifiable event that caused the unequivocal termination of Big Sky Fire Protection’s stock value in 2012.”
Procedural preferences
A challenge to the validity or extent of a statutory lien had to be brought through an adversary proceeding.
“A proceeding to determine the validity or extent of Goheen’s statutory lien requires an adversary proceeding. F.R.B.P. 7001(2).”
Cautions
A late pleading amendment did not excuse failure to comply with court rules, orders, and deadlines.
“However, in these circumstances that policy runs up against the policy of holding parties responsible when they fail to follow rules, orders and deadlines of the court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that Debtors’ Objection to Proof of Claim No. 4 filed by the Internal Revenue Service is OVERRULED.”
“IT IS ORDERED a separate Order shall be entered denying WCP’s motion to stay enforcement of judgment (Doc. 138).”
“IT IS ORDERED a separate Order shall be entered granting in part and denying in part Defendants’ Revised Motion to Dismiss (Document No. 41); Defendants FNMA and OneWest Bank will be dismissed as Defendants under all three causes of action set forth in Plaintiffs Second Amended Complaint in this adversary proceeding, without prejudice in the event they reacquire the note and/or trust indenture on Plaintiffs residence; Defendants’ Motion to Dismiss is denied with respect to Plaintiffs third cause of action against LSF9 Master Participation Trust.”
“IT IS ORDERED that the Chapter 12 Trustee’s motion to dismiss filed March 25, 2015, at docket no. 6 is granted; and this case is dismissed.”
“In sum, Debtor has failed to show any violation of the automatic stay.”
“IT IS ORDERED a separate Order shall be entered in conformity with the above sustaining the Trustee’s Objection and disallowing Debtor’s claims of exemptions”
“IT IS ORDERED that the Court will enter a separate Order sustaining Debtor’s objection to Proof of Claim No. 14, and disallowing Kissock’s Proof of Claim No. 14.”
“granting the Chapter 13 Trustee’s motion for order compelling the Debtor to turn over and account for a postpetition inheritance (Docket No. 70);”
“granting the Trustee’s motion to modify Debtor’s confirmed Chapter 13 Plan (Docket No. 71).”
“IT IS ORDERED a separate Order shall be entered in conformity with the above denying approval of Debtor’s Application (Doc. 219).”
“IT IS ORDERED that confirmation of Debtor’s Second Amended Chapter 11 Plan filed July 14, 2011, at docket entry no. 338 is DENIED.”
“IT IS FURTHER ORDERED that Debtor’s Motion for Order Pursuant to Bankruptcy Rule 9019 filed July 13, 2011, at docket entry no. 336 is DENIED.”
“IT IS FURTHER ORDERED that West Jordan, LLC and GCL Investments, LLC’s Motion to Convert to Chapter 7 filed April 12, 2011, is GRANTED; and this case is converted to Chapter 7 of the Bankruptcy Code.”
“IT IS FURTHER ORDERED that Charles W. Hinesley, Jr.’s Second Motion *555 to Appoint Case Trustee filed August 2, 2011, is DENIED.”
“Debtor’s Motion for Estimation of Claim of GCL Investments, LLC filed April 8, 2011, at docket entry no. 238 and Debtor’s Estimation of Claim of West Jordan, LLC filed April 8, 2011, at docket entry no. 239 are DENIED without prejudice.”
“IT IS ORDERED a separate Order shall be entered in conformity with the above denying the Trustee’s Motion (Dkt. 147).”
“IT IS ORDERED that Huckestein’s ‘Motion to Alter or Amend Judgment Following Blixseth’s Second Motion to Dismiss Adversary Proceedings’ filed on June 18, 2010, at docket entry no. 117, is DENIED.”
“IT IS ORDERED a separate Order shall be entered in conformity with the above overruling Debtors’ objection, granting the UST’s Motion to Dismiss filed on January 24, 2011 (Dkt. 16) and dismissing this case for abuse under 11 U.S.C. § 707(b)(2)(A)®.”
A historical record
Judge Kirscher 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.