Elisabetta G. M. Gasparini
How Judge Gasparini rules, drawn from 30 signed orders. Every observation links to the order it came from.
How Judge Gasparini decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Postpetition financing was approved where it was necessary to preserve reorganization options, existing lienholders remained adequately protected, and the proposed terms fell within the normal range for debtor-in-possession financing.
“the proposed terms of 364 Capital’s loan to Debtor appear to be reasonable and within the realm of what is normal for DIP financing.”
Procedural preferences
A lawyer's unfamiliarity with a statutory filing deadline does not establish circumstances beyond the debtor's control.
“Debtor's assertion that counsel was unaware of the ninety-day deadline does not constitute a circumstance for which the Debtor should not justly be held accountable.”
A movant who does not appear and does not introduce authenticated valuation evidence may fail to carry the burden of proof.
“Not only has Debtor failed to prosecute her motion by not appearing at the scheduled hearing, but the documents attached to her statements and pleadings have also not been properly introduced into evidence or authenticated.”
Requests for joint administration should identify concrete efficiencies that ordinary scheduling cannot provide.
“The only benefit that was articulated for joint administration of the two cases was to have hearings in the two cases heard at the same time—something that can be accomplished through other means.”
Cautions
The automatic stay does not protect property merely because it is connected to the debtor when a separate limited liability company owns it.
“the automatic stay provisions of 11 U.S.C. § 362 do not apply to the Property as it is not property of Debtor’s bankruptcy estate.”
Repeated filings that violate a prior prejudice order, combined with failure to appear, can support a substantially longer refiling bar.
“the Court will add a three-year prejudice period to the dismissal of this case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED that the Motion to Extend the Deadline to File a Plan pursuant to 11 U.S.C. § 1189(b) is DENIED.”
“IT IS THEREFORE ORDERED THAT Plantation Center of Hilton Head, LLC’s Motion for Order that the Nonresidential Lease Was Deemed Rejected Pursuant to 11 U.S.C. § 365(d)(4), and to Direct Immediate Surrender of the Premises is GRANTED.”
“The Motion to Dismiss Complaint to Determine Dischargeability of Debt is GRANTED IN PART as to Count I. Plaintiffs shall have fourteen (14) days from the date of entry of this Order to file an amended complaint as to Count I to address the deficiencies and inconsistencies raised herein. The Motion is GRANTED as to Count II (11 U.S.C. § 523(a)(4)). Count II of the Complaint is dismissed with prejudice. The Motion is DENIED as to Count III (11 U.S.C. § 523(a)(6)).”
“IT IS, THEREFORE, ORDERED that the Motion for Leave to Appeal In Forma Pauperis is denied, unless the United States District Court for the District of South Carolina orders otherwise upon transmittal of the appeal to that court.”
“For the foregoing reasons, the Court finds that the automatic stay provisions of 11 U.S.C. § 362 do not apply to the Property as it is not property of Debtor’s bankruptcy estate.”
The court continued confirmation and set deadlines to address due-process concerns raised by a late schedule amendment.
“For the reasons stated above, Debtor’s Motion to Extend Stay is DENIED as to Creditor.”
“IT IS, THEREFORE, ORDERED that Debtor’s Motion for Sanctions: Violation of Automatic Stay is DENIED.”
“IT IS, THEREFORE, ORDERED that Debtor’s request to have the Plan confirmed as consensual under 11 U.S.C. § 1191(a) is DENIED; however, the Plan is hereby confirmed pursuant to 11 U.S.C. § 1191(b).”
“ORDERED that Debtor’s Motion to Determine Fees is granted in part and Creditor’s request for postpetition fees totaling $1,550.00 is denied. Debtor’s request for attorney’s fees is also denied.”
The court set three Rule 2004 motions for hearing without deciding the requested relief.
“IT IS, THEREFORE, ORDERED that the Motion is DENIED.”
Caseload & timing
From public federal docket records for this judge.
Five sampled matters were terminated and two remained pending. Four dockets supplied attributable contested-motion dispositions.
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