Pat E. Morgenstern-Clarren

How Judge Morgenstern-Clarren rules, drawn from 24 signed orders. Every observation links to the order it came from.

Judge Morgenstern-Clarren no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Northern District of Ohio
Position
bankruptcy
Status
Retired 2017
Served
1995–2017
Commissioned
1995-01-01
Signed orders read
24

How Judge Morgenstern-Clarren decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Declining to reopen was favored where parallel state litigation could resolve the dispute without fragmented proceedings or unnecessary federal interference.

“Declining to reopen the case will avoid piecemeal litigation and the appearance of procedural maneuvering, conserve judicial resources, and avoid friction between the state and federal courts.”

Procedural preferences

Competing interpretations of a developed factual record were reserved for trial rather than resolved through summary judgment.

“Head may be correct that all of this evidence can be viewed in a different way that makes him an innocent bystander, but in this court’s opinion that is an issue for trial, not for resolution by summary judgment.”

Cautions

Civil contempt required clear proof of a knowing violation of a definite and specific order.

“Contempt must be shown by clear and convincing evidence that the alleged contemnor violated a definite and specific court order”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Woods v. Larkin (In re Larkin)
16-01073 · 2016-12-08
Motion for relief from default judgment (Debtor) Denied

“As the debtor failed to establish that there is a basis for granting relief from the judgment, her motion is denied.”

National Credit Union Administration Board v. Zovkic (In re Zovkic)
16-01031 · 2016-11-21

After trial, the creditor failed to prove its nondischargeability complaint.

In re Charles R. Laurie
10-12952 · 2016-05-16
Motion to reopen bankruptcy case (Debtor) Denied

“For the reasons stated, the objection is sustained and the motion to reopen this case is denied.”

In re Robert F. Aerni and Elaine A. Aerni
15-14892 · 2016-03-22
Trustee objection to homestead exemption (Chapter 7 Trustee) Denied

“For the reasons stated, the trustee’s objection to the debtors’ claim of exemption is overruled and the exemption is allowed.”

In re George C. Daher
10-17252 · 2016-03-01

The court finalized compensatory and coercive sanctions following its earlier contempt ruling.

In re Fair Finance Company
10-50494 · 2016-02-01

The initial opinion requested limited supplemental briefing before a final claim-distribution order.

In re George C. Daher
10-17252 · 2015-11-30
Motion to find attorney in civil contempt (United States Trustee) Granted

“For the reasons stated in the memorandum of opinion filed this same date, the motion of the United States Trustee to 1) Find John W. Gold in Contempt; 2) Request for an Accounting of Funds; and 3) Assess Sanctions is granted.”

Request for accounting of funds (United States Trustee) Granted
Request to assess civil contempt sanctions (United States Trustee) Granted
Request to revoke ecf privileges (United States Trustee) Denied

“The request to revoke Mr. Gold’s ECF privileges is denied without prejudice”

Request to deny attorney fees and enjoin fee request (United States Trustee) Moot / procedural

“The request to deny Mr. Gold any attorney fees from the estate and to enjoin him from attempting to seek any such fees is moot because the court has already ruled that Mr. Gold is not entitled to any fees from any funds that were the subject of the agreed order.”

In re Minnie M. Bowers Smith and James Smith
13-17204 · 2015-10-26
Motion to dismiss chapter 11 case (United States Trustee) Granted

“For the reasons stated in the memorandum of opinion entered this same date, the United States trustee’s motion is granted and this case is dismissed.”

In re Minnie M. Bowers Smith and James Smith
13-17204 · 2015-07-16
Motion to tax costs (United States) Granted

“For the reasons stated, the IRS’s motion for costs in the amount of $986.05 is granted.”

In re Michelle S. Miller
08-14508 · 2015-06-18
Motion to reopen bankruptcy case (Debtor) Denied

“Based on consideration of these factors, the court finds that the debtor has not established cause to reopen her case and her motion is denied.”

In re Minnie M. Bowers Smith and James Smith
13-17204 · 2015-05-26
Motion to strike late issue from hearing (United States) Granted

“The motion to strike is, therefore, granted, not in the sense that the brief will be physically removed from the court record but in the sense that the hearing issues will not be expanded to include the ‘unreported income’ issue addressed in the brief.”

In re Minnie M. Bowers Smith and James Smith
13-17204 · 2015-05-21
Motion to quash expert subpoena (Debtors and proposed expert) Denied

“For those reasons, the motion to quash is denied.”

Request for expert compensation (Proposed expert) Granted in part

“The request to compensate Mr. Mahsua is granted in part.”

Caseload & timing

From public federal docket records for this judge.

The median reflects case-level filing and termination dates only; the sampled matters contained no archived motion entries.

A historical record

Judge Morgenstern-Clarren 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.