Wesley W. Steen
How Judge Steen rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Steen no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Steen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Undue-hardship discharge turned on the practical burden the consolidated educational loan placed on the debtor's household.
“By separate order issued this date, the consolidated loan is discharged.”
A gambling marker unenforceable under the governing state law could not support an allowed bankruptcy claim or fraud-based nondischargeability.
“Because Aubin applies, we hold that PNK does not possess an allowable claim against Debtor.”
Procedural preferences
A clerk's affirmative misstatement of a discharge-objection deadline could extend the deadline where reliance was possible.
“the Court concludes that the Fifth Circuit would follow the Sixth, Eighth, Ninth, and Tenth circuits in holding that an affirmative misstatement of the deadline extends the deadline”
A proposed sale of nearly all Chapter 11 assets receives special scrutiny for effects that would evade plan-confirmation protections.
“the bankruptcy court must not authorize a § 363(b) transaction if the transaction would effectively evade the ‘carefully crafted scheme’ of the chapter 11 plan confirmation process”
Cautions
A debtor's failure to disclose a cause of action did not justify blocking the trustee from reopening the case to administer it for creditors.
“The Court will not vacate the order, docket # 18.”
A compromise was rejected where the record did not establish that its allocation was in the estate's best interest.
“For the reasons set forth above, the Court denies approval of the proposed Compromise.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Countrywide’s objection is overruled, and the plan is confirmed by separate order issued this date.”
“Countrywide’s motion for accounting and turnover is denied.”
“The Court reserves to a separate opinion the award of Rule 9011 sanctions against Counsel for Countrywide.”
“the motion is denied for failure to state a claim on which relief can be granted.”
“Debtor’s motion to modify the chapter 13 plan is denied.”
“Origen’s motion for relief is granted.”
“Because the Court concludes that venue is jurisdictional, the case is dismissed for want of jurisdiction.”
“Because Aubin applies, we hold that PNK does not possess an allowable claim against Debtor.”
“the Court concludes that Fifth Circuit precedent in the Aubin cases binds this Court to conclude that there is no claim on which relief can be granted.”
“default judgment is awarded for Discover.”
“although technically Merck’s motion is granted”
“The Court will not vacate the order, docket # 18.”
“Therefore, the request to dismiss or to strike is denied.”
“Therefore, all defamation claims are denied as time barred.”
“summary judgment is denied with respect to breach of partnership and breach of fiduciary duty”
“There is a material issue of fact for trial, and summary judgment is denied with respect to these claims.”
“summary judgment dismissing this claim is denied.”
“summary judgment is denied with respect to conversion.”
“summary judgment is issued dismissing the claims for fraud, conspiracy to commit fraud, defamation, and misappropriation of trade secrets.”
“Summary Judgment is granted dismissing all claims against Turn 2.”
“The motion to reconsider is granted to the extent that the Court gives written reasons for the prior order and corrects a clerical error in the order, but denied with respect to Debtor’s request to change the result of the order.”
“partial summary judgment is granted in favor of Trustee”
“Frankoff and Norman are ordered to pay the funds that they received to the trustee.”
“sanctions under § 362(k) are denied.”
“the issue of sanctions under the Court’s power of contempt is reserved for trial.”
“IT IS ORDERED that the Liquidating Trustee’s Application is GRANTED.”
“For the reasons set forth above, the Court denies approval of the proposed Compromise.”
A historical record
Judge Steen 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.