John M. Klobucher
How Judge Klobucher rules, drawn from 9 signed orders. Every observation links to the order it came from.
Judge Klobucher no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Klobucher decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Objective evidence that the structure had to remain removable under a federal land-use permit outweighed its residential appearance when deciding whether it was a fixture.
“It is difficult to imagine a case that would more clearly demonstrate the intent of the parties to maintain the severability of a structure from the real property upon which it is situated.”
Sound business judgment supported rejecting an executory agreement when the opposing party showed no compelling reason to preserve it.
“The debtor-in-possession properly exercised sound business judgment in rejecting the contract and the Clinic has demonstrated no compelling reason for the court to disaffirm that rejection.”
Procedural preferences
Lien-avoidance relief required a properly stated basis and a motion complying with the governing bankruptcy rules.
“No basis for the application was stated in the notice, and no motion was filed as required by FRBP 4003(d) and 9014.”
When supplemental affidavits created a genuine factual dispute, the court expected an evidentiary hearing before final relief.
“If a factual dispute is presented a hearing will be necessary.”
Cautions
A Chapter 13 plan could not underpay a priority claimant merely because the claimant filed its proof of claim late.
“the Court is without authority to confirm a plan which provides the priority claimant with less than full payment on the ‘entitled’ claim.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The security interest of the Ahlbreehts was automatically perfected without the necessity of a filed *775 financing statement and, being first in time, takes priority over the liens of the Internal Revenue Service and the State of Washington.”
“I therefore declare that the automatic stay is annulled as to the transfer of title to the Thompsons.”
“by using the ‘public proclamation’ alternative of continuing the foreclosure sale, have violated the automatic stay imposed by 11 U.S.C. § 362 and that they are liable to the plaintiff for damages as provided by subsection (h) of that section.”
“This court concludes therefore, that even though the debtor’s plan does not provide for interest on the non-dischargeable child support debt, the plan is confirmable because the interest may continue to accrue against the debtor to be recovered from the debtor personally at the conclusion of the case.”
“Therefore, the application to avoid the lien is hereby denied.”
“Confirmation of the debtors’ proposed plan of reorganization will be denied.”
“Therefore, under Rule 3002(c), the IRS claim, which is untimely, cannot be allowed.”
“For these reasons, the Court holds that the debtor cannot discharge the unsecured priority claims of the IRS by completion of the plan in its present form.”
“The trustee may submit an order permitting disbursal to Sterling Savings Association of the remainder of the funds from the sale of the South 3227 Robie Road property.”
“Rejection of the contract has accordingly been approved.”
The opinion proposed treatment of payment-in-kind proceeds but allowed more affidavits and a possible evidentiary hearing before final relief.
“Relief as prayed for will be granted to the plaintiff.”
Caseload & timing
From public federal docket records for this judge.
All ten sampled matters were terminated, and the sampled dockets contained no entries.
A historical record
Judge Klobucher 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.