Eric L. Frank
How Judge Frank rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Frank no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Frank decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A supported creditor vote and additional voluntary funding carried substantial weight in finding a reorganization plan proposed in good faith.
“While not conclusive, the unsecured creditor vote in this case carries great weight”
Procedural preferences
A sophisticated creditor that failed to object before confirmation was bound by the confirmed plan despite the harsh substantive result.
“Sleeping on one’s rights has consequences.”
Settlement enforcement required actual agreement on material terms rather than parallel but inconsistent understandings.
“there was no meeting of the minds, no mutual assent on the material terms of the proposed settlement and therefore, no settlement agreement was reached”
Cautions
An incomplete evidentiary record could not be filled by intuition, even where the court suspected that omitted facts might have changed the result.
“I must decide the cases before me on the record presented, and while, as factfinder, I have authority to ‘connect the dots’ in an incomplete record — at least to some degree — I cannot decide this case based on mere intuition”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For these reasons, the Defendants’ request for an award of attorney’s fee will be denied.”
“For the reasons set forth above, the Defendants’ Motions for Summary Judgment will be denied.”
“Accordingly, I will enter an Order granting the Motion dismissing this case.”
“Fay Servicing’s objection to confirmation will be sustained. Confirmation of the plan will be denied.”
“Therefore, confirmation of her chapter plan will be denied”
“I have denied the Debtor’s Motion for Sanctions based on asserted violations of Fed. R. Bankr. P. 9011.”
“Defendant’s Motion for Summary Judgment will therefore be granted.”
“Therefore, I will grant the Debtor’s motion for partial summary judgment and deny Conestoga’s contrary motion.”
“Consequently, the Supp. Application must be denied.”
After trial, the debt was declared discharged but the creditors' objectively reasonable contrary position defeated contempt remedies.
After trial, the creditor did not prove fraud or willful injury arising from the disappearance of its equipment collateral.
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated between February 2006 and May 2008.
A historical record
Judge Frank 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.