Michael B. Kaplan

How Judge Kaplan rules, drawn from 17 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the District of New Jersey
Position
bankruptcy
Commissioned
2006-10-03
Signed orders read
17

How Judge Kaplan decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Conflicting evidence about the parties' actual understanding defeats summary judgment and sends the dispute to trial.

“Given the conflicting evidence weighing against Marlow's position, the Court finds that there is, in fact, a genuine dispute for trial; therefore, Summary Judgment is not appropriate at this time.”

State-court findings can establish intentional misrepresentation for nondischargeability when the record identifies the debtor's knowing deception.

“For the foregoing reasons, the Court finds that Debtor knowingly misrepresented his qualifications and obligations under the contract with the intent to deceive Plaintiffs.”

Procedural preferences

Bankruptcy filing deadlines are enforced despite sympathetic allegations when the Code supplies no compliant extension basis.

“this Court must recognize and enforce the filing deadlines set forth in the Bankruptcy Code.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

S.P. Richards Company v. Arora
15-01894 · 2018-01-17
Summary judgment (S.P. Richards Company) Granted

“The Court will enter an Order granting SPR’s motion for summary judgment on count one of the Complaint”

Cross motion for summary judgment (Suneet and Janet Arora) Denied

“denying Debtors’ Cross Motion for Summary Judgment”

In re Peralta
16-21251 · 2019-04-16
Motion to extend time to file adversary proceeding (Yanira Colon, Miguel Verdugo, and Rosa Lidia Lopez) Denied

“the Movants’ Motion seeking an extension of time to file an adversary proceeding (ECF No. 30) is DENIED.”

In re Keise
16-22678 · 2017-03-02
Objection to confirmation (Seaview at Shark River Island Homeowner’s Association, Inc.) Denied

“This Court overrules the Association’s objection”

Chapter 13 plan confirmation (Ernest J. and Marcia E. Keise) Granted

“grants confirmation of the Debtors’ proposed plan”

In re Zullo
17-11689 · 2017-12-08
Motion to avoid judgment liens (Stephen Zullo) Denied

“his Motion is denied.”

In re John Clemente
08-10812 · 2013-01-16
Motion for reconsideration (United States of America) Granted

“Accordingly, the IRS’s Motion for Reconsideration [Docket Entry No. 420] is GRANTED”

In re Robert Stoner
11-10864 · 2013-03-06
Objection to exemption (Thomas J. Orr) Granted

“Accordingly, the Court grants the Trustee’s Motion.”

JPMorgan Chase Bank, N.A. v. Holder et al. (In re Mary Holder Agency, Inc.)
11-34280; 12-1423 · 2012-12-03
Summary judgment (JPMorgan Chase Bank, N.A.) Denied

“Accordingly, the Court denies Chase’s Motion.”

Cross motion for summary judgment (Andrea Dobin) Denied

“For the reasons set forth below, Chase’s Motion for Summary Judgment is DENIED and the Trustee’s Cross Motion for Summary Judgment is DENIED.”

In re Morgan Industries Corporation et al.
12-21156 · 2013-08-09
Summary judgment (Marlow Acquisitions, LLC) Denied

“For the reasons explained above, Marlow's Motion for Summary Judgment is DENIED.”

In re Lawrence and Paget Berger
12-24891 · 2012-11-29
Motion to permit mortgage payment (Lawrence and Paget Berger) Denied

“Accordingly, the Court denies the Debtors’ motion.”

Nacinovich v. Holiday City at Berkeley Shareowners Corporation (In re Nacinovich)
12-30874; 13-1074 · 2013-05-31
Summary judgment (Michael Nacinovich) Denied

“For the reasons set forth above, the Plaintiff’s Motion DENIED”

Cross motion for summary judgment (Holiday City at Berkeley Shareowners Corporation) Granted

“Holiday City’s Cross Motion is GRANTED.”

Brown v. Konicoff (In re Konicoff)
14-18373; 14-01736 · 2018-06-20
Summary judgment (Paula S. Brown) Granted

“Summary judgment in favor of Plaintiff is warranted.”

Cross motion for summary judgment (Gloria Konicoff) Denied

“Debtor’s motion for summary judgment is denied.”

Coluccio v. Sevastakis (In re Sevastakis)
17-10245; 17-01243 · 2018-09-26
Summary judgment (Frank and Josephine Coluccio) Granted

“For the reasons set forth below, Plaintiffs’ motion is GRANTED”

Cross motion for summary judgment (John Sevastakis) Denied

“Debtor’s motion is DENIED.”

Caseload & timing

From public federal docket records for this judge.

All five sampled proceedings were terminated. Two streams supplied classifiable outcomes; generic dismissal and settlement labels were excluded.

Draft for Judge Kaplan with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Kaplan, and what has not, cited to the signed orders.

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