Brian K. Tester
How Judge Tester rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Tester no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tester decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Summary judgment requires evidence establishing every material element rather than an incomplete record.
“because of this evidentiary insufficiency, the court is unable to dispose of the controversy at hand via summary judgment”
A negotiated Chapter 12 payment structure may be approved when it reduces reorganization costs without impairing the trustee's duties.
“Direct payments allow Debtor to have a less expensive chapter 12 bankruptcy”
Procedural preferences
Small-business debtors must meet the statutory plan deadline or obtain an extension before it expires.
“the only way to file a plan outside of the 300-day ‘drop dead’ period is to comply with the following requirements”
Cautions
Equitable tolling depends on diligence in examining available filings and following disclosed leads.
“if the court finds that the trustee has not acted diligently, the limitation period will not be equitably tolled.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Motion to Dismiss [Dkt. No. 15] filed by Defendant Banco Popular de Puerto Rico is GRANTED. The adversary proceeding is dismissed.”
“Debtors’/Plaintiffs’ Motion for Summary Judgment [Dkt. No.7] and BPPR’s' Opposition to Plaintiffs Motion for Summary Judgment (Docket No. 7) and Cross Motion for Summary Judgment [Dkt. No. 15] are hereby DENIED.”
“Co-Defendant Motorambar, Incorporated’s Summary Judgment Motion [Dkt. No. 66] is GRANTED.”
“GRANTS Scotiabank summary judgment on all allegations in the Complaint and the Amended Complaint.”
“the court GRANTS SF’s Urgent Motion for Immediate Surrender of Farmacias Puerto Rico’s Premises [Dkt. No. 25]”
“As such, the Joint Stipulation [Dkt. No. 55] is approved.”
“Plaintiffs request to determine the value of the Property at $60,000.00 is hereby GRANTED.”
“Plaintiffs request to declare AEELA’s interest in the Property is wholly unsecured is hereby DENIED.”
“Plaintiffs request to determine that AEELA’s claim for its second mortgage be classified as unsecured is hereby GRANTED.”
“Plaintiffs Motion to Dismiss is GRANTED. Clerk to enter Judgment.”
“The Motion to lift stay filed by PRLP [Dkt. No. 36] is GRANTED.”
“the Motion to Alter or Amend Order and/or For Reconsideration of Dismissal filed by Debtor shall be, and it hereby is, DENIED.”
“the Debtors’ case shall be, and it hereby is, DISMISSED.”
“Ms. Rosado’s request to avoid lien shall be, and it hereby is, GRANTED.”
“the Motion for Retroactive Relief From Automatic Stay filed on October 11, 2012 [Dkt. No. 23] shall be, and it hereby is, GRANTED.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated; durations ranged from 350 to 2,958 days, with a median of 1,222 days.
A historical record
Judge Tester 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.