Cornelius Blackshear
How Judge Blackshear rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Blackshear no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Blackshear decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A sale outside a plan needed a developed record and a concrete business justification, particularly when it involved all estate assets.
“debtor failed to support this assetion; in fact, the parties concede that the critical liquor license will not be obtained, if at all, until well beyond the summer.”
Procedural preferences
A repeat filer dissatisfied with a ruling was expected to seek reconsideration or appeal instead of dismissing and refiling.
“The proper procedure is not voluntary dismissal and subsequent repeat filings, but rather, a Debtor in receipt of a ruling that is disagreeable should file a motion for reconsideration or possibly an appeal.”
Cautions
An attorney's good-faith reliance on conflicting authority defeated willfulness even though the conduct violated the stay.
“While Minikes did in fact violate the bankruptcy stay, he relied on valid case law and reasonable construction of the relevant statutes.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Au Natural’s motion to assume and assign its lease and enter into a management agreement in conjunction therewith, as well as its motion to impose costs upon Murray Hill, is denied.”
“The motion brought on by 38 Au Natural for a superpriority and a senior lien is also denied.”
“Appellant’s motion is DENIED with respect to the issue of laches and unclean hands.”
“Niagara Mohawk’s motion is granted in part”
“The City is entitled to relief from stay”
“The Court declines to reconsider its prior Order voiding the May 2001 Order.”
“The Disbursing Agents’ application to estimate claims number 295, 488 and 1132 at zero is granted.”
“The Motions for Partial Summary Judgment filed by the Trustee and Official Unsecured Creditors’ Committee and the Intervenors is granted.”
“The Intervenors’ Motions for partial Summary Judgment is therefore granted.”
“The Movant’s Motion for Summary Judgment is granted.”
“this Court holds that the Debtor cannot escape liability for post-petition, pre-con-version rental arrears arising from a residential lease”
“Therefore, the pension loan deductions in both cases should be discontinued.”
“this Court finds that the pension contributions of these Debtors are not a condition of their employment and should be discontinued.”
“debtor request for relief as an ‘innocent spouse’ regarding the aforementioned deficiencies is herein denied.”
“the Debtor’s motion for sanctions due to willful violation of the bankruptcy stay is hereby denied.”
“Goldman’s motion to enforce the Permanent Injunction in the Final Decree is denied.”
A historical record
Judge Blackshear 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.