Benjamin A. Kahn
How Judge Kahn rules, drawn from 9 signed orders. Every observation links to the order it came from.
About Judge Kahn
Benjamin A. Kahn has served as a United States Bankruptcy Judge for the Middle District of North Carolina since February 2014. He is the court's chief bankruptcy judge.
Judge Kahn's practices and standing orders
Rules for cases before Judge Kahn, as published on the court's website (checked October 11, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Contacting chambers
Address administrative matters, including continuance requests, to Judge Kahn’s courtroom deputy.
“Administrative matters, including requests for continuances, should be addressed to Judge Kahn’s Courtroom Deputy, Karen Champagne.”
Contacting chambers
Do not write, email, or call Judge Kahn or his law clerks about a case.
“DO NOT write letters to, email, or call Judge Kahn or his law clerks regarding cases.”
Conferences
Request remote appearance before Judge Kahn at least 24 hours before the hearing, providing the Zoom name or telephone number to be used.
“Requests must be made no later than 24 hours prior to the hearing. Any request must include the ZFG name (or telephone number, if a telephone will be used to connect)”
Trial
A person permitted to appear remotely may not examine witnesses, offer evidence, or object to evidence unless Judge Kahn orders otherwise in advance.
“permitted to appear via remote means will not be permitted to examine or cross examine any witness,”
Trial
File a motion for remote witness testimony at least seven days before the hearing, after conferring with interested parties about consent.
“After conferral, the offering party must file a motion requesting such authority under Fed. R. Bankr. P. 9017 and Fed. R. Civ. P. 43(a) at least seven (7) days prior to the hearing.”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
- Standing Order Regarding Procedures for the Filing, Service, and Management of Highly Sensitive Documents (25-01) ↗
- Standing Order Regarding Attorney’s Fees for Representation of Debtors and Secured Creditors in Chapter 13 Cases (25-02) ↗
- Standing Order Regarding Procedures in Aid of the Administration of Chapter 13 Cases (24-03) ↗
How Judge Kahn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In one restitution-lien dispute, the court interpreted the federal collection statute as allowing enforcement against the relevant property despite the bankruptcy stay.
“The plain language of the MVRA precludes the application of federal law in a way that would prevent enforcement against the property of the person fined.”
Procedural preferences
When dismissing the bankruptcy claim in one adversary case, the court abstained from the remaining state-law claims in favor of a state forum.
“A state court would provide an adequate forum”
Cautions
Defensive litigation conduct in an action initiated by the debtor did not itself violate the automatic stay.
“defensive acts by Defendants are not automatic stay violations.”
In one stay-sanctions order, the court treated continued conduct despite knowledge of bankruptcy as supporting punitive damages.
“actions were taken with a reckless disregard to the automatic stay.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants’ motion is granted, and this adversary proceeding is dismissed without prejudice.”
“Defendant’s motion to dismiss is granted as provided herein.”
“Debtor is awarded punitive damages against Modern Rent”
“The automatic stay does not apply to the continuation,”
The court rejected two asserted grounds for summary judgment, deferred the remaining grounds and the cross-motion pending discovery, and required compliant fact statements.
“that Defendant’s motion is granted and this adversary proceeding is dismissed without prejudice.”
“Defendants’ motion for leave to amend Defendants’ amended answer to voluntarily dismiss Defendants’ counterclaims is granted. ... Defendants’ motion for leave to amend to add a counterclaim for declaratory relief that the Confession of Judgment does not constitute a ‘debt’ that is subject to being excepted from discharge is denied as futile.”
“that Defendants’ motion, ECF No. 74, is denied.”
The court construed the defendants’ filing as requests for leave to amend and reconsideration, then allowed clarification and deferred responses. The later January 14 order resolved amendment requests.
Caseload & timing
From public federal docket records for this judge.
All six sampled matters were terminated. Four streams supplied 24 express motion outcomes, while two supplied no separately classifiable disposition.
Draft for Judge Kahn with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Kahn, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Kahn's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace