Katherine M. Perhach
How Judge Perhach rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Perhach decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A pattern of alleged false statements and omissions can plausibly support fraudulent intent at the pleading stage.
“A pattern of false statements and omissions can demonstrate reckless disregard for the truth.”
A claimant seeking priority treatment needs evidence tying the assessed charges to the statutory priority category.
“In this case, however, the City has failed to meet its burden of proof with the evidence it presented.”
Procedural preferences
An automatic-stay complaint should plead the dates needed to show that the asserted property right still existed when the challenged conduct occurred.
“There are no allegations as to when Mr. Souran pawned any of the property, what the original maturity dates were for any of the pawns, or when the statutory redemption periods expired.”
Cautions
A late nondischargeability complaint requires a grounded basis for avoiding or tolling the filing deadline; excusable neglect alone did not supply one.
“The record fails to demonstrate any equitable basis for avoiding or tolling the filing deadline.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED: the motion to dismiss is denied.”
“The Court will allow the remaining fees and costs the former Chapter 7 Trustee has requested as outlined on the invoice attached to the Chapter 7 Trustee’s administrative expense claim.”
The court held that the debtor's interest in a self-settled charitable remainder trust was estate property but scheduled further proceedings to value that interest and left the confirmation objections unresolved.
“IT IS THEREFORE ORDERED: the Plaintiff’s Motion to Enlarge Time to File Adversary Complaint is denied.”
“The Court grants the Debtor’s request for dismissal of the Complaint with prejudice.”
“IT IS FURTHER ORDERED: the claim for violation of the automatic stay of 11 U.S.C. § 362(a) against Kia America, Inc. is dismissed for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6).”
“IT IS HEREBY ORDERED: the Debtor’s Amended Complaint is dismissed.”
“IT IS THEREFORE ORDERED: the Complaint is dismissed without prejudice for failure to state a claim upon which relief can be granted.”
“IT IS THEREFORE ORDERED: the Debtor’s Motion for a Stay or an Injunction Pending Appeal is denied.”
“IT IS THEREFORE ORDERED: the Chapter 7 Trustee’s Motion for Judgment on the Pleadings is granted.”
“IT IS THEREFORE ORDERED: the automatic stay of 11 U.S.C. § 362(a) is modified to permit the Internal Revenue Service to enforce its federal tax liens securing tax liabilities for tax periods 2005 and 2008 through 2012 on the Debtors’ right to Social Security benefits in accordance with applicable nonbankruptcy law. IT IS FURTHER ORDERED: all other relief requested in the motion is denied.”
“IT IS THEREFORE ORDERED: the objection to confirmation filed by the Racine County Treasurer is overruled.”
“IT IS THEREFORE ORDERED: the Debtors’ Objection to Amended Claim No. 1-2 of the Office of the City Treasurer of the City of Milwaukee is sustained.”
“IT IS FURTHER ORDERED: the City’s Objection to Confirmation of the Debtors’ Amended Plan is overruled.”
Caseload & timing
From public federal docket records for this judge.
Five sampled matters were terminated and one remained pending. The Mims adversary stream supplied the dismissal-motion timeline.
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