Andrew B. Altenburg Jr.
How Judge Altenburg rules, drawn from 13 signed orders. Every observation links to the order it came from.
How Judge Altenburg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Summary judgment was denied where culpable intent remained a genuine trial issue even after the court found a fiduciary relationship.
“Trial to be scheduled on the issues of Kirk’s intent.”
Dismissal was warranted where a filing served only to delay state litigation, lacked a valid reorganizational purpose, and reflected reckless disregard for bankruptcy disclosures.
“the court finds that the Debtor abused the provisions, purpose and spirit of bankruptcy law in filing its bankruptcy petition.”
Procedural preferences
A temporary adversary stay protected Fifth Amendment interests while monthly status reports and a fixed review date limited delay.
“the court will grant the stay until April 28, 2015. Until then, the court shall require Mr. Guarino to submit monthly status reports”
Cautions
A Chapter 13 plan could not favor municipal fines over other unsecured claims during the applicable commitment period.
“confirmation of the Debtors’ plans is denied without prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Thus, Jersey College’s Motion is granted.”
“judgment shall be and hereby is granted as to all five counts of the Vara Proceeding”
“all six counts of the Bogan Proceeding”
“all three counts of the Hill Proceeding”
“Accordingly, the motion for summary judgment is DENIED.”
“Accordingly, I will deny Mr. Avolio’s motion to dismiss the adversary proceeding based upon incomplete responses.”
“Accordingly, I will deny FRT’s cross-motion for sanctions also.”
“Based on the foregoing, the Motion to Dismiss is granted, the Association’s request for relief from the stay is denied as moot and the Motion to Extend is denied as moot.”
“Based on the foregoing, confirmation of the Debtors’ plans is denied without prejudice.”
“As a result of the foregoing, the court will grant the Motions in the Bank Adversary and the Guarino Adversary for a stay.”
“Accordingly, FCS’s Motion for Summary Judgment is DENIED in its entirety. Summary judgment is GRANTED in favor of the Debtor as to all claims, and all debts owed to FCS are DISCHARGED.”
“Navajo Times’ Motion to Dismiss under Rule 12(b)(1) is granted.”
“It further finds the Debtor can modify its chapter 12 plan post-confirmation to permit retained professionals to seek compensation for post-confirmation services and to address the Difference Payment in this way.”
“As no counts remain, the court will dismiss this adversary proceeding in its entirety.”
“Because the court concludes that the Debtor has not satisfied his burden that Servicers acted in bad faith and the record reflects that Servicers in fact participated in the LMP process in good faith, the Debtor’s Motion for Sanctions will be denied.”
Caseload & timing
From public federal docket records for this judge.
All ten sampled matters were terminated. Four express default-judgment outcomes were retained; a proposed-order-only judgment was not treated as a motion ruling.
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