Diane Finkle
How Judge Finkle rules, drawn from 16 signed orders. Every observation links to the order it came from.
Judge Finkle no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Finkle decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A default does not excuse the moving party from pleading a legally sufficient claim.
“While entry of default precludes Mr. Fundakowski from contesting the well-plead facts of the Amended Complaint, it does not establish the legal sufficiency of the Plaintiffs’ claims.”
Procedural preferences
A confirmed plan cannot be reopened merely to correct a party's earlier neglect or inadvertence.
“The binding effect of the Plan should not be disregarded simply to accommodate neglect or inadvertence by a party or its attorney.”
Cautions
Complete and candid disclosure is essential to bankruptcy administration.
“In bankruptcy administration, the system will collapse if debtors are not forthcoming.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For these reasons, the Motion is GRANTED in part and DENIED in part, and judgment shall enter in favor of the Plaintiffs on Count I of the Amended Complaint.”
“The Objection is OVERRULED and the Plan is CONFIRMED.”
“The Court holds that the allowable amount of PCU’s secured first mortgage claim is $186,195.49, and its second mortgage is wholly unsecured and can be stripped off under the Plan.”
“The Debtor’s Motions to avoid the judicial liens of Anesthesiologist, Inc. (Doc. #20), Citibank (Doc. #22), and Discover Bank (Doc. # 24) are GRANTED.”
“The Debtor’s motion to dismiss is GRANTED.”
“Accordingly, the Motion is GRANTED IN PART as to the tax years 2004-2009 and 2011 for which no state taxes are due; GRANTED IN PART as to the underlying state tax liability and interest for the tax year ending December 31, 2010; and DENIED IN PART as to the tax penalty assessed for the 2010 underlying state tax liability.”
“The, Motion to Vacate Default is GRANTED as to both Defendants.”
“The Objection of Citizens Bank is OVERRULED, the Motion is GRANTED, and the lien of Citizens Bank is avoided in its entirety.”
“The Debtors’ Motion to Modify is DENIED, and the Trustee’s Motion to Modify is GRANTED.”
“Ms. Rotella’s Motion is GRANTED IN PART, and the case is DISMISSED.”
“Such dismissal renders Mr. Bouchard’s Second Amended Chapter 13 Plan MOOT.”
“The Trustee’s Objection is overruled, and the Plan may be confirmed.”
“The treatment of BOA’s secured claim under the Plan is permissible and BOA’s objection to the Plan is OVERRULED.”
“The Objection is OVERRULED and the Sale Motion is GRANTED.”
A historical record
Judge Finkle 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.