Suzana Krstevski Koch
How Judge Koch rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Koch decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When intent turns on competing inferences, the court reserves the issue for trial and credibility assessment even if many underlying facts are undisputed.
“without an assessment of Kopanski’s demeanor and credibility, the Court construes the evidence in favor of the non-movant and determines that genuine issues of material fact remain”
A bare assertion that a proof of claim lacks documentation does not overcome its presumptive validity without evidence calling the claim into question.
“Debtor’s bare statement that there is lack of documentation is insufficient to overcome Proof of Claim 11-1’s presumption of prima facie validity.”
Procedural preferences
When late admission responses threaten to decide the case on legal conclusions rather than the merits, the court distinguishes factual admissions from requests that seek pure legal conclusions.
“Requests for Admission numbers 18, 19, and 20 are pure requests for opinions of law (admissions that the debt is nondischargeable under 11 U.S.C. §§ 523(a)(2), (4), and (6)), so they are deemed withdrawn.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Therefore, the Motion for Summary Judgment is denied.”
“Accordingly, the Motion to Vacate Discharge is denied.”
“For the foregoing reasons, the United States Trustee’s Motion for Summary Judgment is denied.”
“For the reasons above, Debtor’s Objection to Nunoo’s Proof of Claim No. 1 is sustained in part and overruled in part.”
“For the foregoing reasons, the Motion for Summary Judgment of Daniel Hemme is granted in part and denied in part as follows:”
“For these reasons, Debtor’s Objection to Claim Number 2 is overruled.”
“Berkley’s 12(b)(6) Motion to Dismiss the § 523(a)(2)(A) claim and § 523(a)(4) claim under the embezzlement provision is denied. Berkley’s Motion to Dismiss the Plaintiffs’ § 523(a)(4) claim under the fraud or defalcation while acting in a fiduciary capacity provision and larceny provision is granted.”
“The Rule 12(e) Motion for More Definite Statement is denied.”
“the debt of Catanzarite to Rewak is hereby determined to be nondischargeable in the amount of $46,845.87.”
“The Objection is overruled.”
“IT IS ORDERED that Plaintiff’s Motion for Summary Judgment (ECF No. 26) be, and hereby is, GRANTED.”
“The Motion to Deem is denied.”
“The Motion for Leave is granted.”
“The Motion to Withdraw pursuant to Civil Rule 36(b) is granted in part and denied in part.”
“Six Brothers has not established the existence of an affirmative defense; therefore the Trustee’s Motion for Summary Judgment is granted.”
Caseload & timing
From public federal docket records for this judge.
Four sampled matters were recorded as terminated and one remained pending. One adversary stream supplied an express mixed summary-judgment disposition.
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