Elizabeth S. Stong
How Judge Stong rules, drawn from 25 signed orders. Every observation links to the order it came from.
How Judge Stong decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Claims survived dismissal where the complaint alleged facts that, if proven, plausibly supported the asserted discharge and dischargeability theories.
“the Plaintiffs have alleged a plausible claim under Bankruptcy Code Section 523(a)(2)(A), and the Motion to Dismiss is denied as to that claim;”
The court keeps enforcement of its discharge injunction in the judicial forum when arbitration would interfere with the bankruptcy court's authority to interpret and enforce its own order.
“Courts – not arbitration proceedings – are the appropriate forums to address alleged violations of court orders.”
A disclosure statement will not be approved when the associated plan is facially unconfirmable because it omits contractual default and postpetition interest and impairs a dissenting creditor's voting rights.
“This renders the Amended Chapter 11 Plan ‘patently unconfirmable.’”
Procedural preferences
A sanctions request under the procedural rule fails when the movant does not provide the required advance safe-harbor notice.
“For this reason alone, the Debtor’s request for sanctions under Rule 9011 must be denied.”
Cautions
Reopening a dismissed case requires a recognized basis for relief and, under the catch-all provision, genuinely extraordinary circumstances.
“the movant must demonstrate that ‘extraordinary circumstances’ are present in order to prevail.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Motion to Dismiss is denied as to that claim; (v) the Plaintiffs have not alleged a plausible claim under Bankruptcy Code Section 727(a)(4)(B), and the Motion to Dismiss is granted as to that claim;”
“For the reasons stated herein, and based on the entire record, the Debtor’s motion to terminate the Trustee’s appointment is denied.”
“the Court concludes that the Trustee has met her burden to show that an award of sanctions in the amount of $15,000 against Mr. Dahiya and Dahiya Law Offices, LLC, under Section 1927 and the Court’s inherent authority, is warranted.”
“The Motion to Reconsider is denied.”
“Yeshivah’s request to approve the Amended Disclosure Statement is denied.”
“Firstmark Services’ Motion to Compel Arbitration is denied.”
“Therefore, the Motion for Judgment is granted as to this claim as well.”
“ORDERED, that the Plaintiffs’ Motion for Summary Judgment is denied.”
“Discover’s Motion to Compel Arbitration is denied.”
“Mr. Blake’s motion for summary judgment on his claim that that the debt owed by Mr. Fusco to him is nondischargeable under Bankruptcy Code Section 523(a)(19) is granted.”
“the Plaintiffs’ Motion for a Preliminary Injunction is granted in part.”
“the Debtor’s motion to dismiss her Chapter 7 case is granted.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters remained pending. Two streams supplied four express procedural outcomes.
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