Laura T. Beyer
How Judge Beyer rules, drawn from 6 signed orders. Every observation links to the order it came from.
How Judge Beyer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A concentration of assets, creditors, and likely witnesses in another state supported transferring jointly administered bankruptcy cases there.
“Because the overwhelming majority of creditors and potential witnesses are located in North Dakota, North Dakota is the logical place for them to participate and for these two bankruptcy cases to proceed.”
Procedural preferences
A creditor that learns of a technical automatic-stay violation should promptly seek relief or restore the status quo.
“STS could have come to this court upon learning of the Second Bankruptcy Case and requested an emergency hearing to annul the stay. Instead, it chose to put its head in the sand.”
Cautions
A bonus left entirely to a third party’s discretion may be only an expectation rather than property of the bankruptcy estate.
“A property interest that is contingent on someone else’s discretion is the ‘contingent interest in nothing’ Klein-Swanson.”
Depositing exempt proceeds into the court registry did not, without supporting authority, eliminate their exempt character.
“the court is also not persuaded that the mere deposit of the funds into the registry altered their exempt status.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the court concludes that the Debtor is the person entitled to receive the Exempt Funds pursuant to 28 U.S.C. § 2042. Accordingly, the court DENIES the Motion.”
“ORDER DENYING CREDITOR’S APPLICATION TO THE COURT FOR JUDICIAL ASSISTANCE DETERMINING THAT 11 U.S.C. § 362(b)(22) APPLIES”
“Based on the foregoing, the court GRANTS the Motion and DENIES the Joinder Motion.”
“That portion of the Motion seeking dismissal of the two cases under 28 U.S.C. § 1408 for improper venue is DENIED;”
“That portion of the Motion seeking transfer of these two cases to the United States Bankruptcy Court for the District of North Dakota pursuant to 28 U.S.C. § 1412 is GRANTED;”
“Accordingly, the Objection is hereby OVERRULED.”
“In addition, since the Debtors do not need to amend their exemptions in relation to the anticipated bonus, the Debtors’ Motion is hereby DENIED AS MOOT.”
“For all of the reasons stated above, this court grants the Plaintiff's cross-motion for summary judgment but denies the Plaintiff's motion for sanctions.”
Caseload & timing
From public federal docket records for this judge.
Seven sampled matters were terminated. The pending Brainard matter supplied thirteen express docket outcomes.
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