Alan S. Trust
How Judge Trust rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Trust decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Bad faith supported dismissal only when the conduct was sufficiently extreme and not better addressed by a more specific statutory provision.
“bad faith findings under Section 707(a) should be limited to extreme misconduct falling outside the purview of more specific Bankruptcy Code provisions”
The debtors' failure to present evidence left a presumptively valid tax assessment unrebutted.
“Debtors have failed to meet their burden of proof in disputing the NYS Claim with respect to the $559,592.22 Income Tax Assessment.”
Procedural preferences
Committee membership was not a substitute for the claims-objection process and its notice protections.
“it would be inappropriate for this Court to reach beyond the issue of whether the UST acted in an arbitrary and capricious manner in populating the Committee, and make a substantive determination on claims allowance.”
A personal-property lease assumption did not require a judicial approval order.
“neither judicial review nor approval of the agreement is required by the Bankruptcy Code or Rules.”
Cautions
Reconsideration required overlooked controlling authority or evidence capable of changing the result.
“motions for reconsideration are not granted unless ‘the moving party can point to controlling decisions or data that the court overlooked’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Claim Objection is therefore denied as to this $559,592.22 portion, and no determination is made as to the Sales Tax Assessment”
“Debtor is designated a single asset real estate debtor under § 101(51B) as of the date of this Decision and Order.”
“Debtor’s second cause of action, asserting that if FETRA Assessments are taxes, then they should be deemed excise taxes under 11 U.S.C. § 507(a)(8)(E), is granted as set forth herein.”
“Debtor’s first cause of action, asserting that FETRA Assessments are not a tax because they lack a public purpose, is denied.”
“For the reasons set forth above, the Motion is hereby granted in part and denied in part.”
“the Miller Motion and the Paulette Motion should be granted”
“Based upon the foregoing, the relief sought by Ford is granted in part.”
“The automatic stay in effect pursuant to Section 362 should be terminated as to ASC and Chase”
“the Motion is granted only to extent that the case is reopened for a period of sixty days to allow the filing of a fully executed lease assumption agreement with all exhibits and proper signatures”
“approval of the Reaffirmation Agreement is denied.”
“For the reasons herein, this request is denied.”
“For the reasons set forth herein, the Motion is hereby granted in part and denied in part.”
“ORDERED, that the Motion to reconsider is DENIED.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated and every entry stream was empty.
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