Michael J. Kaplan
How Judge Kaplan rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Kaplan no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kaplan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Equitable tolling supported amendment where a court-approved professional's disclosure created an extraordinary circumstance and contrary assertions were not denied under oath.
“the Court finds that equitable tolling shall apply, grants the Trustee's motion for leave to amend the Complaint”
Cautions
A state default judgment fixing a claim did not by itself establish the separate elements of nondischargeability.
“the default judgment taken in the state court action in the instant case is not on its face sufficient to be deemed nondischargeable.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court finds that equitable tolling shall apply, grants the Trustee's motion for leave to amend the Complaint, and orders that the matter of the alleged avoidable transfers to or for the benefit of the LLC and/or the principal shall proceed by the usual process.”
“The Court rules that the Trustee has failed to carry his burden of proof that the Debtor’s estate was in any way diminished by the transfer. The Complaint is dismissed as to the Defendants who filed Answers.”
“The Court grants summary judgment to the Debtor Lori Passarell. She was not subject to the fiduciary requirements that her husband was subject to as a PACA merchant.”
The court made an expressly conditional finding about transferred retirement funds and left the remedy for negotiation; the decision is retained outside statistics.
“Therefore, Plaintiffs’ Motion for Summary Judgment is denied without prejudice.”
“the Debtor’s objection to the Trustee’s late-filed claims must be sustained.”
“As to the remainder of the equity in the Peterbilt, two-thirds is his exempt ‘homestead,’ and one-third is a non-exempt, income-producing asset, from which his creditors may recover their losses.”
“The State’s Motion is denied, and the Debtor’s Motion to Dismiss the Complaint with prejudice under Rule 4(m) is granted.”
“The block is part of the ‘lot of land with a dwelling thereon’ that is the Debtors’ exempt homestead.”
“The judgment lienor’s objection to the Debtor’s claim of exemption is overruled. The exemption will be allowed as to the entire property.”
“The Debtor’s objection to the unsecured deficiency claim of the lender in the case at bar is overruled.”
“the fact that the judgment lien that is the target of this 11 U.S.C. § 522(f) motion was filed in the County Clerk’s Office and became a lien on the Debtor’s homestead before the enactment of the increase in homestead exemption from $10,000 to $50,000 does not affect the Debtor’s right now to claim the $50,000 exemption in order to accomplish the avoidance of the judgment lien.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated. Two streams supplied eight express outcomes; the other three were empty of classifiable motion dispositions.
A historical record
Judge Kaplan 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.