Nancy B. King
How Judge King rules, drawn from 9 signed orders. Every observation links to the order it came from.
How Judge King decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A plan modification allowing surrender was approved where the confirmed plan's own terms and Section 1329 supported paying the remaining secured claim without further post-surrender interest.
“Section 1329 authorizes this modification, and 11 U.S.C. § 1325(a)(5)(C) permits satisfaction of the secured claim through surrender without any statutory requirement for further interest.”
Certified property and state-court records supported denial of an injunction where the debtors could not show likely success on their renewed foreclosure challenge.
“PennyMac provided certified copies of the Deed of Trust, the Substitute Deed of Trust, and the state court orders granting a judgment of possession and dismissing the appeal of that order of possession.”
A single-asset real-estate debtor opposing stay relief needs a concrete, lawful, and timely path to confirmation rather than hoped-for financing.
“The Court finds that the Plan is patently unconfirmable and does not present a realistic prospect of confirmation within a reasonable time.”
Procedural preferences
A summary-judgment movant must cite controlling law, supply a developed record, and eliminate genuine factual disputes.
“The Court finds that Ex-husband’s Motion, which is deficient as a proper pleading by not including law from the correct jurisdiction and by its overall paucity of information, did not show that he is entitled to a judgment as a matter of law.”
A late adversary filing fee does not automatically require dismissal when the delay causes no identified prejudice and dismissal would be disproportionate.
“While the Court may dismiss an adversary proceeding for failing to pay the fee on the filing date, it is not required to do so. A remedy of dismissal is far too harsh.”
Equitable tolling and estoppel require facts showing that circumstances beyond the claimant's control prevented timely action.
“The Court will not invoke either equitable tolling or equitable estoppel to toll the limitations period.”
Cautions
More detailed fraud allegations cannot convert a state-court judgment based on contract and property damage into a nondischargeable fraud judgment when amendment would be futile.
“Here granting leave to amend to the Plaintiff to allege specific allegations of fraud would be futile and cannot transform Plaintiff’s state court judgment for ‘breach of contract, unjust enrichment and damage to property’ into a nondischargeable debt for fraud.”
Chapter 7 debtors generally cannot pursue a prepetition cause of action that belongs exclusively to the bankruptcy estate.
“Accordingly, the Court finds that the Plaintiffs lack standing to pursue this cause of action, thus warranting dismissal of this Adversary Proceeding as to both Defendants.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that Ex-husband’s Motion for Summary Judgment is DENIED.”
“For all the reasons cited herein, the Court finds that the Defendant’s Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c) should be GRANTED.”
“IT IS, THEREFORE, ORDERED that the Plaintiffs’ Amended Motion for Preliminary Injunction is DENIED.”
“For the reasons stated herein, the Court GRANTS both Motions and Dismisses the Adversary Proceeding.”
“IT IS, THEREFORE, ORDERED that the Debtors’ Emergency Motion for Stay Pending Appeal Pursuant to Federal Rule of Bankruptcy Procedure 8007 is DENIED.”
“Accordingly, the Court finds that the Debtors’ motion to approve the modified plan should be GRANTED and the objections of Exeter OVERRULED.”
“For the reasons stated, the Court finds that Defendants’ Motion to Dismiss for failure to timely pay the adversary proceeding filing fee should be DENIED; Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint as to the 11 U.S.C. § 523(a)(6) count should be GRANTED; and Plaintiff’s Motion to Amend the Complaint to add the 11 U.S.C. § 523(a)(6) should be DENIED.”
“Based on the foregoing, the Court finds that the Trustee’s Motion to Dismiss Counts I, II, III, IV, V, XI, and XIII should be granted.”
“Accordingly, the Court finds that Winhall’s Motion for Relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(3) should be GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Five early matters were terminated and supplied no text-grounded contested disposition. Street remained pending and supplied one express summary-judgment outcome.
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