Larry E. Kelly
How Judge Kelly rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Kelly no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kelly decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A fee-waiver request should provide enough financial detail for the court to assess the totality of the debtor's circumstances.
“the totality of the circumstances as reflected by this information, that the Debtor is unable to pay the fee required to reopen this case, in installments.”
Procedural preferences
A proposed confirmation order should implement the disclosed plan and the ruling actually made, without adding provisions that were never presented for approval.
“Such ‘padding’ of the Confirmation Order in this very case has already caused other unnecessary”
Cautions
Material income omissions can support dismissal with a temporary refiling bar when corrected only after creditors move to dismiss.
“The Debtors concealed the proper amount of their earnings from the Court and the creditors by omitting material information relating to their various contracts of employment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Movant/Debtor's Motion to Reopen Case and or in the Alternative Interlocutory Appeal to the United States District Court for the Western District of Texas Waco Div. filed January 29, 2007 (Doc. #96) is denied;”
“Debtor Derrick Walker'S Application to Proceed Without Prepayment of Fees and Affidavit on January 29, 2007 (Doc. # 97) is denied.”
“Plaintiff Petro has not met her burden of proving any of the factors required by 11 U.S.C. §§ 523(a)(2)(A),(4) or (6) such that the debt Defendant Irene Holland owes her should be excepted from discharge.”
“Defendant received a favorable ruling on her motion for instructed verdict denying all of Plaintiff's § 727 claims.”
“between Plaintiff Petro and Defendant Scottie Holland is reasonable and approved.”
“The Court declines to award attorney's fees and costs to Defendant Irene Holland”
“the Debtor's Application for Waiver of Chapter 7 Re-Opening Case Fee shall be, and hereby is, GRANTED and the fee to reopen this is hereby WAIVED.”
“the Debtors' Application for Waiver of the Chapter 7 Filing Fee for Individuals Who Cannot Pay the Filing Fee in Full or in Installments shall be, and hereby is, GRANTED”
“the Motion to Dismiss should be denied.”
“All requested relief is denied.”
“a judgment of even date herewith shall be entered granting the summary judgment request of Western Bank-Alamogordo”
“partial summary judgment should be entered in favor of the Defendant BLC and against the Plaintiff”
“dismissal should be with prejudice to the right of either Debtor to refile a bankruptcy petition for a period of 180 days”
“Plaintiff Campau has not met his burden of proving that Defendant Nunez owes him any debt or that the factors required by 11 U.S.C. §§ 523(a)(2)(A),(4) or (6) are present to bar such debt from discharge.”
“Plaintiff will not receive a discharge of the student loan debt at issue.”
“Plaintiff is not liable to pay any other prepetition student loan debt and it is hereby discharged;”
Caseload & timing
From public federal docket records for this judge.
Seven sampled dockets supplied the 25 selected express motion outcomes; eight short or sparse dockets supplied none.
A historical record
Judge Kelly 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.