Philip H. Brandt
How Judge Brandt rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Brandt no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brandt decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Claim preclusion was applied symmetrically: a prior ruling could bar both the debtor's requested relief and the landlord's defense.
“As Debtor requests, claim preclusion applies, but his victory is Pyrrhic”
Procedural preferences
Stay relief required the named movant to establish both real-party status and standing.
“As the motion was not brought in the name of the real party in interest, nor has standing to bring it been established, it will be DENIED.”
Cautions
Commercial labels did not override the legal category Congress assigned to the substance of a transaction.
“Categories have consequences in commercial law, and GMAC’s choice to market a secured sale with lease-like economic provisions does not put the transaction into the Bankruptcy Code’s lease category.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“As the motion was not brought in the name of the real party in interest, nor has standing to bring it been established, it will be DENIED.”
“The trustee’s Motion is DENIED.”
“U.S. Bank’s objection is OVERRULED”
“Debtor’s Additional Support obligation is nondischargeable under § 523(a)(5), which renders moot the question of its discharge-ability under § 523(a)(15).”
“Neither the State nor Ms. MaeGibbon violated the automatic stay of § 362.”
“The Debtor’s Motion is DENIED;”
“SICO’s claim is disallowed as late-filed”
“I will grant Bowden’s motion for summary judgment, deny SICO’s cross-motion, and enter judgment that SICO has no interest in Bowden’s retirement pay or his veterans’ disability benefits.”
“I will enter an order granting summary judgment to the defendants and dismissing the adversary proceeding.”
“I will grant summary judgment declaring the judgment nondisehargeable.”
“I will enter an Order denying the motion.”
“In the circumstances of this case, I conclude debtor must pay, but that his failure does not excuse the creditor’s obligation. However, the payment must be available to fund the plan, unless and until the debtor fulfills his obligations.”
“The reaffirmation agreements are unenforceable and must therefore be disapproved.”
“The fee applications are conditionally APPROVED.”
“I will deny GMAC’s Motion and its Motion for Reconsideration.”
A historical record
Judge Brandt 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.