Burton Perlman
How Judge Perlman rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Perlman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Perlman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A confirmed plan was interpreted as a contract according to its unambiguous text.
“It is fundamental in bankruptcy law that a confirmed Chapter 11 plan is to be regarded as a contract.”
Procedural preferences
A request for a separate statutory injunction had to be brought through an adversary proceeding.
“the court would not consider the merits of the motion for a § 105 injunction on the present motion, because F.R.B.P. 7016, upon which the UCC expressly relies in its motion, itself requires that such relief be sought through an adversary proceeding.”
Cautions
Broad examination demands required a concrete showing of good cause.
“the one seeking to conduct a 2004 examination has the burden of showing good cause for the examination which it seeks.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“After remand, this court concludes that Eagle-Picher’s Motion for Order Enforcing the Plan and the Confirmation Order to Stay Actions of Caradon Doors and Windows, Inc. should be granted.”
“Accordingly, debtor’s Motions for Contempt, Sanctions, and for Expenses are denied in their entirety.”
“Because such filing is not prejudicial, the objection is overruled.”
“It is Ordered and Adjudged that the Product Liability Contribution Claim of Ohio Medical Instrument Company is not barred or discharged by the Confirmed Plan”
“Defendant’s motion for summary judgment is denied in its entirety, EXCEPT that defendant may, on the basis of § 547(c)(4), set off against ‘current payments’”
“Plaintiffs’ motion for summary judgment is granted in its entirety EXCEPT that it is denied to the extent that defendant is entitled to a credit for new value”
“The motion of the PI Trust will be denied.”
“We hold that EPI is protected by the confirmation injunction from pursuit by Therma-Tru of any pre-petition or pre-confirmation claims in the Michigan suit.”
Contextual exclusion: dischargeability judgment followed a merits determination rather than a classified motion or objection.
“we hold that the motion of Eagle-Pieher Industries, Inc. is well taken.”
“Accordingly, plaintiffs motion for summary judgment is granted”
“and that of defendant denied.”
“debtor’s Motion to Approve Settlement Agreement is denied.”
“The Motion to Approve Swallen Family Settlement filed by the UCC is denied.”
“Accordingly, the request by the Bank for administrative expense treatment for charge-backs based upon pre-petition transactions is denied.”
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 Perlman 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.