Christopher M. Alston

How Judge Alston rules, drawn from 5 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Western District of Washington
Position
bankruptcy
Appointed by
U.S. Court of Appeals for the Ninth Circuit
Commissioned
2015-07-01
Signed orders read
5

How Judge Alston decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

The court used proportional allocation when one vehicle loan contained both purchase-money and non-purchase-money components.

“The Court concludes it is appropriate to allocate the prepetition payments in the same manner as in Brodowski.”

Alston declined arbitration when it would fragment and interfere with the bankruptcy court's resolution of a student-loan dischargeability dispute.

“Since the requested arbitration would inherently conflict with the underlying purposes of section 523(a)(8) of the Bankruptcy Code, it is appropriate to decline to enforce the arbitration provision.”

In evaluating forced conversion to chapter 11, he weighed the benefit to creditors and the debtor together rather than treating the debtor's preference as controlling.

“But the Court must consider the benefit to all parties in interest, not just the Debtor.”

Procedural preferences

Where poor records prevented allocation between business and personal charges, the party seeking a credit did not receive the benefit of uncertainty.

“her failure to keep records that would show which portion of the Grocery Store purchases benefitted the Mint precludes her from receiving a credit for any value allegedly conveyed to the Mint.”

Cautions

Material omissions and false statements that concealed the debtor's financial condition supported denial of discharge.

“The statements were material because they prevented the Trustee and creditors from knowing her true financial condition, thus allowing her to divert estate assets for many months.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Jones
17-12813-CMA · 2018-04-20
Objection to proof of claim (Caleb Joe Jones) Granted

“ORDERED that the Objection to Claim No. 1 of Kitsap Credit Union shall be and is hereby SUSTAINED;”

In re Parvin
· 2015-09-14
Motion to convert chapter 7 to chapter 11 (United States Trustee) Granted

“The Court therefore grants the UST’s Motion to Convert. The Debtor’s case will be converted from chapter 7 to chapter 11 under § 706(b) forthwith.”

Farmer v. Navient Solutions, LLC (In re Farmer)
16-14324-CMA; 16-01254-CMA · 2017-05-04
Motion to compel arbitration (Navient Solutions, LLC) Denied

“the Court DENIES Navient’s Motion to compel arbitration”

Motion to dismiss or stay pending arbitration (Navient Solutions, LLC) Denied
Calvert v. Erdmann (In re Northwest Territorial Mint, LLC)
· 2018-03-28
Constructive fraudulent transfer claim (chapter 11 trustee) Granted

“The Trustee shall be awarded judgment against Ms. Erdmann in the amount of those payments less the Amex Account charges for business expenses, for a total judgment amount of $430,462.00”

Actual fraudulent transfer claim (chapter 11 trustee) Denied

“The Court concludes the Trustee did not meet his burden to show an actual intent to defraud.”

Unjust enrichment claim (chapter 11 trustee) Denied

“he may not pursue this equitable remedy since he has an adequate remedy at law under both Federal and Washington state fraudulent transfer law.”

Request for prejudgment interest (chapter 11 trustee) Denied

“The Court declines to award any prejudgment interest”

Request for postjudgment interest (chapter 11 trustee) Granted

“the judgment against Ms. Erdmann shall bear interest at the federal judgment rate in effect as of the date of entry of the judgment.”

United States Trustee v. Ellis (In re Ellis)
16-10066-CMA; 17-01017-CMA · 2018-06-15
Denial of discharge claim 727 a 2 (United States Trustee) Granted

“Defendant’s discharge under each of 11 U.S.C. § 727(a)(2), (a)(3), and (a)(4).”

Denial of discharge claim 727 a 3 (United States Trustee) Granted
Denial of discharge claim 727 a 4 (United States Trustee) Granted

Caseload & timing

From public federal docket records for this judge.

Ten sampled matters were terminated and one remained pending. The only express outcome was the Jones claim-objection ruling; the other reviewed timelines contained filing labels without attributable disposition text.

Draft for Judge Alston with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Alston, and what has not, cited to the signed orders.

Opens in Ezel Pro.

  • Grounded in Judge Alston's own signed orders
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace