Stephen D. Gerling
How Judge Gerling rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Gerling no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gerling decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Good-faith efforts to cure a filing defect and a plan promising a substantial creditor dividend supported keeping the case open.
“It is clearly in the best interests of the creditors, including CFCU, to be paid 84% of their claims through the Debtors’ plan.”
Procedural preferences
Parties seeking to shield witnesses from deposition needed a sufficient record for protective relief.
“the motion of the Respondents, seeking a protective order with respect to the depositions of Ernst and Whiteman, is denied”
Professional compensation required documentation sufficient for the court to assess reasonableness.
“this Court has an obligation to review its reasonableness, and it cannot do so in the absence of any documentation.”
Cautions
A temporary credit-counseling extension required a compliant debtor certification rather than an attorney-only affirmation.
“the Extension Request prepared and filed by Giglio does not comply with Code § 109(h)(3)(A)(ii).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Trustee’s objection, as well as that of eCAST Settlement Corporation, to the Debtors’ plan, to the extent that it provides for the inclusion of an ownership expense for their second vehicle in calculating the Debtors’ disposable income are denied”
“the Trustee’s Sanction Motion is granted to the extent that he is seeking an award of costs and attorney’s fees from both Hawkins and Fritzsch”
“the Trustee’s request made in his Response, filed on June 27, 2008, for what he has termed a ‘vexatious litigant order,’ is denied”
The court postponed disclosure-statement review until related litigation and priority issues were resolved.
“the Motion by the Trustee, in which the Debtors have joined, asking that the Court decline from dismissing the Debtors’ case is granted”
After trial, the debtor did not establish undue hardship sufficient to discharge the student-loan obligation.
“the Debtor’s motion at trial seeking dismissal of the Plaintiffs Amended Complaint is granted to the extent that it seeks a denial of the Debtor’s discharge pursuant to Code § 727(a)(2) and § 727(a)(4)”
“confirmation of the Debtor’s Amended Plan is denied based on his failure to establish that it complies with Code § 1325(a)(4)”
“M & T Bank’s Objection to Confirmation of Debtor’s Plan based upon the hanging paragraph at the end of Code § 1325(a)(9) is hereby dismissed”
“Reliance’s motion for an order determining that this Court lacks jurisdiction, or in the alternative that this Court abstain from hearing the LT’s motion for an order expunging claim 4179 filed by Reliance, is denied”
“Bennett’s RICO Counterclaim against the Trustee and Simpson Thacher, are hereby granted”
“Wasserman’s Motion to dismiss with prejudice Bennett’s RICO Counterclaim against Wasserman is hereby granted”
“the Debtors’ motion seeking disallowance of Claim Nos. 5, 9 and 12, filed by eCAST, is denied”
“the Debtors’ request for attorney’s fees in the amount of $300 to be paid through the Debtors’ Plan is granted”
“the Debtors’ motion seeking damages pursuant to Code § 524(a) and § 362(h) is denied”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated, but their entry streams contained no usable motion timeline.
A historical record
Judge Gerling 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.