Morris Stern
How Judge Stern rules, drawn from 15 signed orders. Every observation links to the order it came from.
Judge Stern no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Stern decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The fair-market-value ruling prevented nominal foreclosure bids from creating a windfall before stay relief could be considered.
“Ms. Karagiannis is entitled to an FMV hearing to determine the value of the two properties acquired at the September 8, 2010 sheriffs sale by Crown Bank for nominal bids of $100 per property.”
Procedural preferences
Mass-tort service was adapted through designated counsel-agents, subject to limiting safeguards.
“Subject to the limiting factors set forth in the next paragraph, counsel to defendants here are the designated agents for initial service in the Adversary Proceeding.”
Cautions
Certification practices unsupported by genuine personal review produced both a district-wide injunction and substantial monetary sanctions.
“S & D shall be fined $125,000 for their Rule 9011 violations”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The debtor’s motion to dismiss must, accordingly, be denied for all of the reasons set forth herein.”
“Ms. Karagiannis is entitled to an FMV hearing to determine the value of the two properties acquired at the September 8, 2010 sheriffs sale by Crown Bank for nominal bids of $100 per property.”
“Crown Bank’s motion for stay relief as to the debtor’s residence and business-occupied property must be denied because the debt due the bank is a function of a yet-to-be-determined FMV credit due Ms. Karagiannis.”
“In light of these conclusions of law based upon facts viewed most favorably to the defendants, there is no material issue of fact or law for trial, and summary judgment is granted to the trustee.”
“For the reasons set forth throughout this Opinion, the motions to dismiss this proceeding based upon improper venue and to transfer venue, are denied.”
“Pamrapo was not an ‘insider’ when BMC repaid $1 million in October 2006 (thus awarding Pamrapo summary judgment as to: the plaintiffs Count I preference avoidance cause of action (based upon the plaintiffs failure to establish the necessary 11 U.S.C. § 547(b)(4)(B) timing element)); and, the plaintiffs similar Count IV cause of action under N.J.S.A. 25:2-27(b) (for a like reason);”
“The trustee’s motion is denied.”
“For all of the reasons set forth herein, the entire debt due on the Massachusetts Judgment is excepted from Mr. Tulloch’s bankruptcy discharge.”
“Subject to the limiting factors set forth in the next paragraph, counsel to defendants here are the designated agents for initial service in the Adversary Proceeding.”
“The Order will be entered, rendering moot those differences which EverHome had with this court’s original Order.”
“The Rivera payment issues are resolved by a consent cure order. Therefore, no stay relief is warranted.”
“An order shall be issued, permanently enjoining the S & D Certification Practice in this district and participation in practices violating court rules by many of the respondents cited in the court’s Orders to Show Cause.”
“Ms. Schwartz shall be fined $500”
“S & D shall be fined $125,000 for their Rule 9011 violations”
“the conduct of Ms. Schwartz, Mr. Diaz and S & D shall be referred to the Chief Judge under the applicable disciplinary rules.”
“Fuji’s motion is denied.”
“Defendants’ motion is therefore DENIED.”
“Summary judgment is awarded the Commissioner on her motion, and the plaintiffs’ motion is accordingly denied.”
Caseload & timing
From public federal docket records for this judge.
No motion-timing estimate is reported because the sampled matters contained no archived docket entries.
A historical record
Judge Stern no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.