Keith L. Phillips
How Judge Phillips rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Phillips decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Detailed evidence that the proposed assignee could perform the lease and preserve the shopping center supported assumption and assignment over the landlord’s objection.
“The Debtors have met their burden under § 365(b)(1) and (3) of providing adequate assurance of future performance.”
Cautions
Dismissal and immediate refiling solely to stop foreclosure falls within the conduct addressed by the 180-day refiling bar.
“Rather, barring a subsequent filing accomplishes exactly what the drafters intended when they enacted § 109(g)(2), which was to prevent a debtor from refiling for the sole purpose of thwarting a creditor that seeks to exercise its rights to collateral.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that the motion to waive the requirements of § 109(g)(2) is DENIED”
“ORDERED that the case is DISMISSED and it is further”
On a limited remand, the court determined that the United States could not invoke sovereign immunity; the opinion did not adjudicate a pending party motion.
“For the foregoing reasons, Brea I's objections to the proposed assumption and assignment of the Lease are overruled.”
“IT IS ORDERED that the trustee’s objection to exemption is OVERRULED.”
Caseload & timing
From public federal docket records for this judge.
Fourteen sampled matters were recorded as terminated and two remained pending in the index. Only the Brown stream supplied express outcomes.
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