Gerald K. Gibson

How Judge Gibson rules, drawn from 20 signed orders. Every observation links to the order it came from.

Judge Gibson no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Western District of Pennsylvania
Position
bankruptcy
Status
Deceased
Signed orders read
20

How Judge Gibson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A party's practical conduct and the governing documents could outweigh technical objections when they showed that the intended legal relationship had been carried out.

“the Court is similarly satisfied that the Debtor’s exercise of its option to renew and acceptance of the terms embodied in Lessor’s letter of January 3, 1984 are effective.”

Procedural preferences

The court deferred compensation when priority and collateral questions had to be resolved first.

“Therefore, payment of interim attorney’s fees out of the fund resulting from the sale of ‘Mai’s Center’ cannot be considered at this juncture.”

Cautions

A reorganization plan had to satisfy the fair-and-equitable requirements before it could be confirmed over an impaired dissenting class.

“The Plan does not meet the fair and equitable test of § '1129(b) and cannot be confirmed.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Matter of Straugh
· 1984-08-15
Petition to convert chapter 7 to chapter 13 (The debtor) Denied

“Accordingly, Debtor’s Petition to Convert from Chapter 7 to Chapter 13 is denied.”

Ford Motor Credit Co. v. Emporelli (In Re Emporelli)
· 1984-11-06
Motion to alter or amend judgment (The debtor) Denied

“For purposes of clarity, the motion at bar is treated as a Motion to Alter or Amend Judgment under F.R.Civ.Pro. 59(e). Based upon the foregoing, the Motion is denied.”

Warner/Elektra/Atlantic Corp. v. Sounds Distributing Corp. (In Re Sounds Distributing Corp.)
· 1984-09-10
Motion for relief from automatic stay (Warner/Elektra/Atlantic Corporation) Granted

“Based upon the foregoing, the Court grants the relief requested by Plaintiff in its motion for relief from the automatic stay.”

Matter of Mills
· 1984-09-10
Complaint to avoid lien (The debtors) Denied

“Accordingly, Debtors’ complaint is dismissed.”

Matter of Grimes Furniture, Inc.
· 1985-02-21
Request for plan confirmation (The debtor) Denied

“The Plan does not meet the fair and equitable test of § '1129(b) and cannot be confirmed.”

Motion for reconsideration (The debtor) Granted

“Upon consideration of the arguments of counsel presented at the hearing on Debtor’s Motion for Reconsideration and upon further analysis of the relevant statutory sections and legislative history, the Court concludes that insider votes of an impaired class cast in favor of a Plan may be counted under § 1129(a)(10) for purposes of § 1126(c) when there exists at least one other accepting impaired class which contains no insiders.”

United States National Bank in Johnstown v. Stultz (In Re Stultz)
· 1984-03-13

The court decided only that motor vehicles could qualify as tools of the trade and reserved whether the particular trucks qualified.

Matter of Royal Bedding Co.
· 1984-09-05
Motion to vacate counsel appointment and disqualify counsel (The debtor) Denied

“Based upon the foregoing, the motion at bar is denied.”

Matter of Funding System Asset Management Corp.
· 1984-03-14
Petition to classify claim as unsecured (Funding System Asset Management Corporation) Denied

“In light of the above, Debtor’s Petition to Determine Status of Claims of Midlantic Bank where it seeks entry of an order declaring that Midiantic’s claim in the FSAM bankruptcy proceeding is unsecured as of September 12, 1982 is denied.”

Matter of Davies Ins. Service, Inc.
· 1983-09-13
Request for mandatory injunction and turnover (The plaintiff insurers) Denied

“Based upon the foregoing, Plaintiffs' request for a mandatory injunction requiring Debtor to turn over all records and other written materials relating to the expirations is denied.”

Matter of Safeguard Co.
· 1983-10-31
Petition for relief from automatic stay (The creditor) Denied

“Accordingly, the Petition for the Bankruptcy Court to Lift Stay to Allow a Case to Proceed in the Court of Common Pleas of Allegheny County, Pennsylvania is denied.”

Petition to continue enforcement of automatic stay (Anthony J. Pivirotto) Granted

“The denial of said petition is dispositive of the Petition of Anthony J. Pivirotto to continue enforcement of the stay.”

Matter of Ewing
· 1983-09-19

The opinion decided when the challenged stock transfer occurred but reserved whether reasonably equivalent value had been received.

Matter of Schnur Enterprises, Inc.
· 1984-08-15
Motion for relief from automatic stay (The lessor) Denied

“Based upon the foregoing, Lessor’s Motion for Relief from Stay is denied.”

Caseload & timing

From public federal docket records for this judge.

No case-level records matched the judge's assigned-name variants, so no caseload or duration claim is made.

A historical record

Judge Gibson 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.