Henry W. Van Eck
How Judge Eck rules, drawn from 18 signed orders. Every observation links to the order it came from.
How Judge Eck decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Contempt requires a clear obligation; ambiguity or reasonable uncertainty in the governing order defeats the remedy.
“Ambiguity or reasonable uncertainty regarding the scope of the order precludes a finding of contempt.”
A request to prefer critical vendors needs concrete proof that the proposed payments will benefit the remaining creditors.
“Even if § 363(b)(1) allows critical vendors orders in principle, preferential payments to a class of creditors are proper only if the record shows the prospect of benefit to the other creditors.”
Procedural preferences
A settlement may receive conditional approval when the record establishes reasonableness but the executed agreement still must materially conform to the terms presented.
“The Trustee’s Motion to Approve the Settlement is therefore GRANTED on a conditional basis, consistent with the terms of this Opinion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion to Compel will be granted in part and denied in part.”
“The Motion for Contempt will be denied, as will Fulton Bank’s request for damages.”
“For the foregoing reasons, the Court will grant JMG’s Motion for Summary Judgment.”
“Accordingly, the Motion for Derivative Standing is GRANTED.”
“IT IS HEREBY ORDERED THAT: the application for compensation and expenses, Doc. 81, is DENIED without prejudice for the reasons stated on the record.”
“However, the Court will not hold Respondents in contempt as requested by the Debtor.”
“Stated succinctly, Harris and Colbert must immediately cease collection activities for any discharged debt as set forth in this opinion.”
“Whiteley’s Motion Seeking Leave to Object to the Claims of Hildebrand and Keefer, though unnecessary in view of these findings, will be granted for purposes of clarity.”
“They seek dismissal with prejudice, which includes a bar against refiling for a period of 180 days. Since the remedy requested would place the Movants and the Debtors in substantially the same position they would have been in but for the filing of this case, which is found to be lacking in good faith, it is hereby ORDERED that the Motion is Granted.”
“ORDERED that Defendant’s Motion is GRANTED IN PART and DENIED IN PART; and it is FURTHER ORDERED that Counts III, IV, and V are dismissed for failure to state a claim upon which relief may be granted; and it is FURTHER ORDERED that the Motion is denied with respect to Counts I and II; and it is FURTHER ORDERED that the Plaintiff shall have thirty (30) days from the date of this Order to amend her Complaint.”
“Even if § 363(b)(1) allows critical vendors orders in principle, preferential payments to a class of creditors are proper only if the record shows the prospect of benefit to the other creditors. The record here does not. The Motion is therefore denied.”
“For all the foregoing reasons, the Debtors’ Motion for an Order Pursuant to 11 U.S.C. § 363 to Permit Use of Cash Collateral and Provide Adequate Protection to Parties with Interest in Cash Collateral will be granted. The Motion is therefore granted.”
“Accordingly, the Motion to Dismiss is denied and the Objection to Second Amended Plan is overruled.”
Caseload & timing
From public federal docket records for this judge.
Three of the five sampled matters were terminated; two remained pending in the public record.
Draft for Judge Eck with the record in hand
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