Gregg W. Zive
How Judge Zive rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Zive decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 11 plan should demonstrate feasibility and fair treatment with evidence tied to the statutory confirmation requirements.
“The Plan satisfies the requirements for confirmation set forth in section 1129 of the Bankruptcy Code.”
Post-confirmation property can support plan modification when unsecured creditors would otherwise lose the benefit of estate value.
“the Motion to Modify must be granted because the Palm Springs property sales proceeds must be made available for Debtor’s unsecured creditors.”
Procedural preferences
Claim objections require evidence strong enough to rebut the proof of claim's initial validity.
“The objecting party must show facts which would tend ‘to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves.’”
Cautions
A homestead can be lost when the debtor permanently moves away before filing and uses the property as an investment.
“The Vista Grande homestead was abandoned and did not exist on the date she filed her petition.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The court finds Chase is entitled to its attorneys fees and costs of $956 pursuant to11 U.S.C. § 506(b).”
“the trustee has not met his burden of proving that the exemption is not properly claimed. The exemption is allowed”
“the elements that must be proven to obtain a judgment under 11 U.S.C. §§ 523(a)(2) ... have not been satisfied.”
“The elements that must be proven to obtain a judgment under 11 U.S.C. § 523(a)(4) have been satisfied”
“the elements that must be proven to obtain a judgment under 11 U.S.C. §§ ... (6) have not been satisfied.”
“Additional damages are hereby awarded in the amount of $52,850.00”
“First & Final Application for Compensation ... was approved following a hearing thereon”
“the resolution of the Disputes within the scope of the Settlement Agreement is fair and reasonable and satisfies the standards of Fed. R. Bankr. P. 9019(a)”
“the court ... hereby DENIES Debtors’ request for sanctions against GNCU.”
“the court denies the Objection to Debtor’s Claim of Homestead Exemption ... but is limited to $125,000 pursuant to 11 U.S.C. § 522(p).”
“The expedited Chapter 11 procedures embodied in the Solicitation Procedures ... are appropriate”
“The Disclosure Statement contains ‘adequate information’”
“The Plan satisfies the requirements for confirmation set forth in section 1129 of the Bankruptcy Code.”
“Therefore, the court denies the Motion to Reopen.”
“Trustee’s Motion to Modify is CONDITIONALLY GRANTED”
“the plan of reorganization is confirmed”
“the plan is fair, equitable and does not unfairly discriminate against Beal”
“Motions to Dismiss filed by Defendants, and each of them, are DENIED.”
Caseload & timing
From public federal docket records for this judge.
The five oldest post-appointment matters were terminated metadata shells with zero archived entries. No docket outcome or latency was inferred.
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