Mark X. Mullin
How Judge Mullin rules, drawn from 17 signed orders. Every observation links to the order it came from.
How Judge Mullin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor can carry its nondischargeability burden with detailed evidence that the debtors knowingly used false representations and written financial information to obtain financing.
“Based on the findings of fact detailed above, the Court finds and concludes that ApplePie Capital has established through overwhelming evidence each of the required elements under § 523(a)(2)(B).”
Procedural preferences
Plan confirmation follows a requirement-by-requirement statutory analysis, including feasibility, creditor treatment, and class acceptance or cramdown standards.
“The Plan satisfies the requirements for confirmation set forth in Bankruptcy Code section 1191.”
Cautions
An exemption objection needs controverting proof; filing the objection alone does not overcome sworn schedules that otherwise provide adequate detail.
“The mere filing of an objection is not controverting evidence, and without controverting evidence, the sworn schedules carry the day.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ApplePie Capital has established, by a preponderance of the evidence through overwhelming evidence, a nondischargeable claim under §§ 523(a)(2)(A) and (B) in the amount of $1,108,638.44, plus attorneys’ fees of $30,877.00.”
“All requirements for confirmation of the Plan have been satisfied. The Plan is hereby CONFIRMED in its entirety pursuant to section 943 of the Bankruptcy Code, and all terms and conditions set forth in the Plan are hereby APPROVED.”
“Therefore, each of the claims and causes of action contained in Counts One, Two, Three, Four, and Five of the Complaint are denied. Additionally, the Court also finds and concludes that each of TGL’s objections to Mr. Matloff’s exemptions in Count Six are overruled and denied.”
“The Plan attached hereto as Exhibit A is hereby CONFIRMED in each and every respect pursuant to Bankruptcy Code § 1129.”
“The Disclosure Statement is hereby APPROVED on a final basis in all respects.”
“The Plan attached hereto as Exhibit A is hereby CONFIRMED in each and every respect pursuant to Bankruptcy Code § 1129.”
“The Disclosure Statement is hereby APPROVED on a final basis in all respects.”
“The Disclosure Statement and Disclosure Statement Supplement (i) contain adequate information of a kind generally consistent with the disclosure requirements of all applicable non-bankruptcy law, including the Securities Act, (ii) contain ‘adequate information’ (as such term is defined in section 1125(a)(1) and used in section 1126(b)(2) of the Bankruptcy Code) with respect to the Debtors, the Plan, and the transactions contemplated therein, and (iii) are approved on a final basis in all respects.”
“The Plan is approved in its entirety and CONFIRMED under section 1129 of the Bankruptcy Code.”
“The Debtors, Reorganized Debtors, and Liquidation Trustee, as applicable, are authorized to undertake the transactions contemplated by the PSA, including pursuant to sections 363, 365, and 1123(a)(5) of the Bankruptcy Code.”
“Therefore, each of the claims and causes of action contained in Counts One, Two, Three, and Four of the Complaint are denied.”
“ORDERED that the Trustee’s Objections are OVERRULED;”
“ORDERED that the Debtors’ Amended Plans are CONFIRMED;”
“The Plan, which includes any and all modifications or supplementations, including any modifications set forth on the record at the Confirmation Hearing, is APPROVED and CONFIRMED under Bankruptcy Code section 1191 in its entirety.”
“The Plan, as modified by this Confirmation Order, shall be, and hereby is, confirmed pursuant to section 1191 of the Bankruptcy Code.”
“The Plan, which is annexed hereto as Exhibit 1 shall be, and hereby is, APPROVED and CONFIRMED pursuant to section 1129 of the Bankruptcy Code.”
“Therefore, each of the claims and causes of action contained in Counts One, Two, and Three of the Complaint are DENIED and DISMISSED.”
Caseload & timing
From public federal docket records for this judge.
Five matters were terminated and the corresponding ApplePie adversary remained pending in the index. The historical streams supplied no express motion disposition; the adversary supplied one final claim outcome after trial.
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