Jerrold N. Poslusny Jr.
How Judge Poslusny rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Poslusny decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A settlement proponent must provide credible evidence of the value being exchanged before approval is possible.
“the Court cannot find, under either the section 363 or Rule 9019 standards, that the value being received in exchange for the asset is fair and reasonable.”
Procedural preferences
Approval of an ordinary-course professional's retention does not necessarily decide disinterestedness for every later estate dispute.
“The Defendant was retained as an ordinary course professional, and therefore, the Defendant’s interestedness was measured as it related to the purpose for which the Defendant was retained, not with regard to the entire bankruptcy case.”
Cautions
Administrative closure abroad does not end Chapter 15 recognition when the foreign court continues supervising asset collection and distribution.
“the Court finds that the Foreign Main Proceeding continues to qualify as a foreign proceeding under section 101(23)”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Insurance Motion is denied.”
“The Plan does not meet all of the requirements of section 1129 of the Bankruptcy Code, and therefore, the Court cannot confirm the Plan.”
“the doctrines of res judicata and the law of the case do not preclude the causes of action set forth in the complaint, and the Motion is denied.”
“For the foregoing reasons, the Motion is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The twelve sampled matters were checked for express, judge-attributable dispositions; generic labels, stipulated dismissals, and predecessor-era rulings were excluded.
Draft for Judge Poslusny with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Poslusny, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Poslusny's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace