Howard Schwartzberg
How Judge Schwartzberg rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Schwartzberg no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Schwartzberg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Actual notice of a creditor's asserted concern required direct notice of the claims deadline before a late claim could be expunged.
“the debtor had actual notice of Parks’ asserted claim against it in connection with his customer account. Therefore, Parks was entitled to receive actual notice from the debt- or as to the bar date, which he did not.”
Procedural preferences
Plan exclusivity required a clear showing of cause and could not be used merely to pressure objecting creditors.
“An extension should not be employed as a tactical device to put pressure on creditors to yield to a plan that they might consider unsatisfactory.”
Cautions
A debtor could not use plan provisions to subordinate secured liens where the statute required the claimants to retain them.
“The plan requirement that the secured claimants must execute subordination agreements in favor of the lease interests of prospective tenants is a fatal flaw”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The debtor’s motion to expunge this claim is denied.”
“Mann is allowed a fee of $11,250.00, together with disbursements of $451.00.”
“The debtor’s application for confirmation of its Chapter 11 plan is denied.”
“The debtors’ request for an extension of the 120-day exclusivity period for filing a plan of reorganization is denied.”
“the trustee’s objection to the debtor’s claimed exemption is sustained.”
“the debtor’s motion made pursuant to Federal Rule of Civil Procedure 60(b) is granted and this court’s order, dated August 23,1991, dismissing the debt- or’s appeal is vacated.”
“CIS’s motion to compel the debt- or, TMSI, to assume or reject an unexpired lease for computer equipment is denied as moot”
“CIS’s motion that the debtor be directed to pay all unpaid post-petition rent under the unexpired computer lease as an administrative expense is denied”
“The debtor’s motion under 11 U.S.C. § 522(f)(1) to avoid two judicial liens entered against him by his former wife, Linda Daniele, for nonpayment of child and spousal support is denied”
“The debtor’s motion to expunge the claims of Great Waters and Poland Spring as untimely filed in accordance with Federal Rule of Bankruptcy Procedure 3003(c)(3) is granted.”
“The debtor’s request for a jury trial in this matter is denied.”
“the application of GDC to terminate the debtor’s exclusive periods to file a plan of reorganization and solicit acceptances thereto pursuant to 11 U.S.C. § 1121(b) and (c)(3) is granted.”
“plaintiffs motion for partial summary judgment to deny the dis-chargeability of the debt is denied.”
A historical record
Judge Schwartzberg 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.