Kyu Y. (Mike) Paek
How Judge Paek rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Paek decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A prior judgment can support nondischargeability at summary judgment when collateral estoppel establishes the required willful-and-malicious injury findings.
“Based on the foregoing, Ms. Quentin is entitled to summary judgment on her section 523(a)(6) nondischargeability claim under the doctrine of collateral estoppel.”
A bad-faith filing supported both retroactive annulment of the automatic stay and dismissal of the bankruptcy case.
“the Court has already concluded that the Debtor filed this bankruptcy in bad faith. For the same reasons, the Court finds that ‘cause’ exists to dismiss this case.”
Procedural preferences
An unauthorized sur-reply was struck rather than considered as part of the summary-judgment record.
“Slowinski’s Motion to Strike Sur-Reply is GRANTED;”
Cautions
A claimed irreparable injury did not justify a stay where the movant showed no likelihood of success and the other factors weighed strongly against relief.
“Where ‘likelihood of success [is] totally lacking, the aggregate assessment of the factors bearing on issuance of a stay pending appeal cannot possibly support a stay.’”
Civil contempt requires clear and convincing proof that the opposing party violated a court order.
“the Debtor has failed to meet his burden of presenting ‘clear and convincing’ proof that LAK3 issued a TY 2019 1099 to the Debtor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth herein, the Objection is SUSTAINED, and the Motion is DENIED.”
“as to Count I, the Debtor Motion is GRANTED, and Count I is DISMISSED;”
“as to Count II, the Radiance Capital Motion is GRANTED to the extent of concluding that any sanction issued by the Alabama District Court based on the Debtor’s violations of the Charging Orders is nondischargeable under 11 U.S.C. § 523(a)(6);”
“the Debtor’s request to disallow the POC pursuant to FAPA is DENIED;”
“the Debtor’s request to avoid non-Mortgage liens on the Property is DENIED.”
“U.S. Bank’s POC is hereby REDUCED from $308,640.90 to $296,039.41;”
“Slowinski’s Motion for Summary Judgment is GRANTED IN PART as follows:”
“Slowinski’s Motion to Strike Sur-Reply is GRANTED;”
“the Debtor’s Motion to Dismiss is DENIED,”
“Abramson’s Motion for Summary Judgment is GRANTED.”
“the DOE Motion is GRANTED,”
“the Debtor Motion is DENIED.”
“the Trustee Motion is GRANTED;”
“the Creditor Motion is denied as moot;”
“ORDERED that LAK3’s Motion in Limine is GRANTED;”
“the Debtor’s Contempt Motion is DENIED.”
“the Motion to Annul Stay is GRANTED,”
“The Motion to Dismiss is also GRANTED.”
“the Summary Judgment Motion is GRANTED,”
“The Motion to Stay Discovery is DENIED as moot.”
“it is ORDERED that the Motion is DENIED.”
“the Motion to Reopen is DENIED.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters remained pending in the public metadata. The Simpson-Manigault stream supplied a filing-fee ruling and timing for the reviewed stay decision.
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