Judith K. Fitzgerald
How Judge Fitzgerald rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Fitzgerald no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Fitzgerald decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court treated the governing transaction documents as controlling when they did not grant the separate secured interest a creditor asserted.
“There is nothing in the documents that give Madison a security interest or lien with respect to Debtor’s property.”
Procedural preferences
Counsel remained responsible for monitoring the docket, and delayed awareness of an entered order did not establish excusable neglect.
“Mr. Getty’s failure to ‘see’ the Memorandum Opinion and Order until twelve days after it was issued is not the standard.”
Cautions
Fee applications were reduced when the record showed unnecessary work, duplicative plan activity, or inadequate billing detail.
“Therefore, for the reasons above stated, we will not approve the entire additional fee as requested.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion for Summary Judgment is GRANTED IN PART as to the legal determination that: a. under § 506(a), the Debtor may seek to value the secured claim of the IRS; and b. under § 506(d), the lien as to any unsecured portion thereof will be void against only the Bethel Park Property at issue herein. The Motion for Summary Judgment is DENIED IN PART as to the determination of the allowed secured claim of the IRS”
“Wherefore, the Motions to Abstain are DENIED.”
“AND NOW, this 29th day of April, 2011, for the reasons expressed in the foregoing Memorandum Opinion of even date, it is ORDERED that Debtor’s MOTION TO DISMISS her bankruptcy case is DENIED.”
“Based on the foregoing and the amended fee application filed by counsel on September 8, 2011 at Doc. No. 143, we will allow fees in the total amount of $9,228.75. We also allow expenses in the total amount of $1,016.31.”
“AND NOW, this 7th day of March, 2012, for the reasons expressed in the foregoing Memorandum Opinion of even date, it is ORDERED that the Motion to Dismiss filed on behalf of Deutsche Bank is GRANTED. The Complaint is Dismissed with prejudice.”
“For all of these reasons, the court finds that Debtor has not met her burden. Thus, the motion is DENIED.”
“for the reasons stated in the foregoing Memorandum Opinion, it is ORDERED that Defendant’s Motion for Summary Judgment is GRANTED and the Complaint is dismissed.”
“it is hereby ORDERED that the Plan Proponents’ and Plan Supporters’ request for confirmation of the ‘Modified Third Amended Plan of Reorganization for Pittsburgh Corning Corporation Dated January 29, 2009 Jointly Proposed by Pittsburgh Corning Corporation, the Official Committee of Asbestos Creditors and the Future Claimants’ Representative’ is DENIED.”
“AND NOW this 15th day of December, 2009, for the reasons expressed in the foregoing Memorandum Opinion, it is ORDERED that Debtor may redeem the real property sold at tax sale through her Chapter 13 plan for the amount of the taxes paid by GLS.”
“Madison has no separate first priority lien independent of the Trustee’s and is entitled only to assert its beneficial interest.”
“AND NOW, this 25th day of February, 2010, for the reasons expressed in the foregoing Memorandum Opinion, it is ORDERED, ADJUDGED, and DECREED that Frank R. Zokaites’ Supplemental Motion for Summary Judgment is DENIED.”
“AND NOW, this 30th day of July, 2009, for the reasons expressed in the foregoing Memorandum Opinion, it is ORDERED, ADJUDGED, and DECREED that the Motion to Dismiss is granted and the Complaint is DISMISSED.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated, and none retained a docket-entry stream.
A historical record
Judge Fitzgerald 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.