C. Kathryn Preston
How Judge Preston rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Preston no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Preston decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Documents executed as parts of one mortgage transaction were construed together to identify the parties and the conveyed interest.
“Accordingly, the Mortgage and the Rider, when read together, satisfy the statute of frauds.”
Procedural preferences
A disputed notice record prevented a prior cash-collateral waiver from binding the later trustee on summary judgment.
“In the instant case, however, there is a genuine issue of material fact as to whether parties in interest received adequate notice of the Cash Collateral Order.”
Cautions
Recusal arguments based only on prior adverse rulings risked delay and judge selection rather than establishing disqualifying bias.
“The Bankruptcy Court system would become delayed with recusal motions and scheduling conflicts, allowing parties to cause unnecessary delay or to ‘judge-shop’ to select who would hear their case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff Myron Terlecky’s Motion for Summary Judgment (‘Motion’) (Doc. 7) is GRANTED in favor of Plaintiff Myron Terlecky (‘Trustee’)”
“Accordingly, the Defendant’s Motion to Recuse is DENIED.”
“the Motion for Summary Judgment is GRANTED in favor of the Trustee”
“except as partially granted by the Order Regarding Appellant’s Motion for an Enlargement of Time and Appellant’s Motion to Stay Pending Appeal, entered October 26, 2010 (Doc. # 83), the Motion for Stay Pending Appeal is denied.”
“the Third Party Defendant Michael T. Gunner’s Motion to Dismiss the Third Party Complaint (Doc. 10) filed on September 15, 2010, is hereby GRANTED, and the Third Party Complaint is dismissed.”
“For the foregoing reasons, the Court GRANTS summary judgment in favor of BAC and against Trustee.”
“For the foregoing reasons, Trustee’s Motion for Summary Judgment is DENIED.”
“The Second Amended Objection to Confirmation of Debtors’ Chapter 13 Plan (Doc. #24) is hereby sustained and confirmation of the Plan is denied.”
“For the reasons discussed above, the Motion is DENIED.”
“the second Motion for Stay of Execution Pending Appeal filed by Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust Series 2005-NCI Asset Backed Pass-Through Certificates is DENIED.”
“the Trustee’s Objection to Debtors’ Claimed Exemptions is OVERRULED.”
“Plaintiffs Motion for Summary Judgment 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 Preston 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.