Richard E. Fehling
How Judge Fehling rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Fehling no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Fehling decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The absence of any debtor or estate interest in loan proceeds, together with reasonably equivalent value, defeated fraudulent-transfer claims over tuition payments.
“neither Mr. Lewis nor his estate hold or ever held an interest in the proceeds of the Parent Plus loans and (2) Mr. Lewis received reasonably equivalent value in exchange for the transfers.”
Procedural preferences
Requested letter briefs were expected to identify authorities and legal argument concisely, without introducing new facts.
“Simple letter briefs are intended, as I informed counsel, to identify relevant cases and legal argument and to present it simply and concisely”
Cautions
Fee requests arising from unnecessary litigation were rejected as neither reasonable nor necessary.
“Debtors were litigating something that did not need litigating. No attorneys' fees were necessary; no attorneys' fees are reasonable.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
This order entered a nondischargeability judgment after trial rather than resolving a motion.
This order entered judgment after trial rather than resolving a motion.
“Defendant’s Claim Objection is HEREBY SUSTAINED and Plaintiff’s claim is HEREBY DISALLOWED.”
“Plaintiff’s request for additional attorneys’ fees in excess of the $4,500 determined by the state court judge is DENIED WITHOUT PREJUDICE.”
“Debtor’s Motion Seeking Relief from Violation of the Automatic Stay by the United States Department of Housing and Urban Development, the Stay Motion, is DENIED.”
“IT IS HEREBY ORDERED that the UST Motion is GRANTED as set forth below.”
“I will therefore grant Penn State’s motions and dismiss both complaints.”
“Heckman’s objection to RAWA’s claim number 6, is HEREBY SUSTAINED IN PART AND OVERRULED IN PART”
This decision entered judgment after trial and granted stay relief on the court's own initiative, rather than resolving a party motion.
“First Niagara's Motion for Distribution of the Proceeds from the Sale of Debtors' [sic] Real Estate is GRANTED.”
“Embassy Bank's Cross-Motion for Distribution is DENIED.”
“the Present Sanctions Motion filed by the Millers is HEREBY GRANTED.”
This order entered a dischargeability judgment after trial rather than resolving a motion.
“Debtor's Supplemental Objection is OVERRULED IN PART AND SUSTAINED IN PART”
“Ansel's Motion for Determination of Any Remaining Issues on Debtor's Objection to Claim of Ansel is HEREBY DENIED AND DISMISSED AS MOOT.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were filed between November 2006 and December 2007 and terminated between May 2007 and November 2018.
A historical record
Judge Fehling 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.