Leif M. Clark
How Judge Clark rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Clark no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Clark decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For cramdown feasibility, valuation methodology should be tied to accepted methods and the evidentiary record rather than an expert's unsupported figure.
“While the court found the witness both credible and helpful, the court cannot accept this number on simple ‘say so.’”
Procedural preferences
A complaint can survive Rule 12(b)(6) when its facts support some viable theory even if the plaintiff's chosen statutory theory may fail.
“Rule 12(b)(6) is reserved for situations in which a recovery is not available at all as a matter of law.”
Cautions
A creditor seeking equitable reconsideration should be prepared to show diligent protection of its rights and reliable underlying claim evidence.
“EMC has not behaved equitably. It deserves no equity.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the trustee’s objection is overruled and the Plan will be confirmed.”
“Accordingly, Superior Tomato and Avocado, Ltd’s Objection to PACA Trust Claim of A&A Concepts, LLC is hereby DENIED.”
“For the reasons stated, the Trustee’s Motion for Allowance of Fee Enhancement must be denied.”
“For the reasons stated above, the court DENIES Wald’s Motion to Dismiss Horrigan’s Amended Complaint.”
“Accordingly, the Debtor’s Motion to Reconsider and/or Vacate Order Granting Motion for Orders Confirming Termination of Automatic Stay, and for Order Determining that Stay Remains in Effect as to Actions Taken Against Property of the Estate is hereby GRANTED.”
“Ms. Horrigan’s Objection to Exemption [Docket No. 16] is hereby DENIED.”
“The lender's objections to confirmation are overruled and the plan is confirmed.”
“Thus, the claim for allowance of an administrative expense in the amount of $184,515.00 for 117 days of insurance coverage post-petition, an amount representing the per diem contract rate, must be granted.”
“For the reasons stated above, the court will grant the Debtors’ Motion with the appropriate limits described herein.”
“For the reasons stated, the court DENIES Debtor’s Motion for Summary Judgment [Docket No. 173].”
“Accordingly, the court will not hold FMC in contempt”
“Accordingly, the court will grant Defendant’s Motion to Dismiss Claims for Post-Judgment Attorney’s Fees.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated and no stream mismatch was reported. Two streams required a second page to reach all entries.
A historical record
Judge Clark 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.