Warren W. Bentz
How Judge Bentz rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Bentz no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bentz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Clear documentary language and the parties' course of dealing controlled over labels that did not match the transaction's economic substance.
“The scope of the Agreement is determined by the language of the Agreement.”
Procedural preferences
A lender seeking changing payments during a Chapter 13 case had to provide timely notice to the debtor, counsel, trustee, and court.
“It is inappropriate to allow a lien creditor to claim an interest payment increase retroactively.”
Cautions
Suspicious circumstances alone did not establish fraudulent intent without evidence that the debtor planned not to repay when using credit.
“The facts here may look suspicious, but they do not warrant a finding that when Debtor used the card, he intended to take its benefit and then discharge the resulting debt by filing bankruptcy.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Debtor's Motion to Reconsider was denied”
“the MOTION TO PROHIBIT USE OF CASH COLLATERAL OR PROVIDE ADEQUATE PROTECTION AND TO REQUIRE DEBTOR TO EITHER ASSUME OR REJECT CONSIGNMENT SECURITY AGREEMENT AND OTHER RELIEF filed by Samuel Son & Co., Inc. is DENIED, except that Samuel Son & Co., Inc. shall have an administrative claim”
“The Debtors’ Motion to Determine Secured Status is DENIED.”
“the obligations of Christopher M. Davison to Tammy A. Klaes and Jonathan L. Klaes are nondischargeable in the within bankruptcy case.”
“George Randolph Sipple and Wendy M. Sipple, and therefore Gary V. Skiba, Trustee, have no interest in the real property located at 822 W. 12th Street, Erie, Pennsylvania.”
“For the reasons set forth above, the motion must be refused.”
“LaSalle Bank National Association, c/o Ocwen is prohibited from collecting or assessing any increased interest charges or other payment amount increases for the periods prior to February 11, 2008”
“The Motion to Dismiss will be REFUSED.”
The writing proposed reduced compensation and allowed time for an evidentiary hearing rather than entering a final fee disposition.
“Debtor’s claim of exemption under § 522(d)(10)(D) is DENIED.”
“We conclude that the Bank is entitled to all remaining proceeds from the sale of the restaurant and equipment to apply to its secured claim”
The writing proposed reduced trustee compensation and allowed time for an evidentiary hearing rather than entering a final fee disposition.
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 Bentz 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.