Sheryl P. Giugliano
How Judge Giugliano rules, drawn from 3 signed orders. Every observation links to the order it came from.
How Judge Giugliano decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court approved an insider asset sale after a chief restructuring officer ran the negotiations and marketing process, no qualified competing bids emerged, and the record did not show fraud or collusion.
“Without evidence of fraud, collusion or an attempt to take advantage of other bidders, Link is entitled to a Bankruptcy Code § 363(m) finding.”
Procedural preferences
An intervention request filed after a lengthy unexplained delay and on the eve of trial was denied as untimely, together with the requested continuance.
“The Mead Firm’s application to intervene in the Adversary Proceeding via the Omnibus Motion is therefore denied in its entirety as untimely along with its request to continue the Damages Trial.”
Cautions
Appointment of a Chapter 11 trustee was unwarranted where court-imposed safeguards could address management concerns while the debtors pursued a sale for creditors' benefit.
“the curbs imposed by this Court will ensure that the Debtors act in the best interest of its creditors.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth above, the Chapter 11 Trustee Motion is DENIED”
“the Motion in Limine is DENIED as moot.”
“the sale of the Assets is APPROVED.”
“the objections to the Motion are OVERRULED”
“the Debtor has provided a sufficient basis to grant its request for this waiver”
“The Mead Firm’s application to intervene in the Adversary Proceeding via the Omnibus Motion is therefore denied in its entirety as untimely”
“along with its request to continue the Damages Trial.”
“The balance of the relief requested in the Omnibus Motion, which seeks relief from the automatic stay in the Debtor’s case, is denied in its entirety, without prejudice”
Caseload & timing
From public federal docket records for this judge.
Six reviewed matters were terminated or explicitly closed and five remained pending. Eight streams supplied express outcomes.
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