Rachel M. Blise
How Judge Blise rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Blise decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Summary judgment was unavailable where factual disputes remained about fraudulent intent and the portion of the debt actually obtained by fraud.
“With respect to the Lee Parties’ nondischargeability claim under 11 U.S.C. § 523(a)(2)(A), there are disputed questions of fact as to the intent element and the amount of money allegedly obtained by fraud.”
Procedural preferences
A professional seeking to backdate employment must establish excusable neglect for failing to apply before performing the work.
“The debtor must therefore demonstrate ‘excusable neglect’ – something more than simple neglect but less than extraordinary circumstances – to justify employment of counsel with an effective date that is before the date an application under § 327(a) is filed.”
Cautions
A confirmed plan's factual findings can foreclose a later request that depends on contradicting those findings without a valid basis to reopen them.
“Those findings are res judicata, and the UST has not presented any basis for the Court to revisit them.”
Administrative-priority requests must show both a transaction with the estate and a demonstrable benefit to the estate.
“To qualify as an administrative expense under that section, an expense must both (1) arise from a transaction with the estate, and (2) benefit the estate in some demonstrable way.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Lee Parties’ motion for leave to amend the complaint (ECF 29) is DENIED.”
“The motions for summary judgment filed by the Lee Parties (ECF 21) and the Debtors (ECF 26) are DENIED.”
“The motion to dismiss is granted in part.”
“Hilltop Management LLC’s motion for allowance of administrative expense (Dkt. No. 78) is DENIED.”
“The Lee Parties’ motion for leave to amend the complaint (ECF 32) is DENIED.”
“The Debtors’ motion for summary judgment as to the Lee Parties’ claim for a declaration that the Debtors cannot claim a homestead exemption in bankruptcy is GRANTED and that claim is dismissed with prejudice.”
“The motions for summary judgment filed by the Lee Parties and the Debtors with respect to the Lee Parties’ claim for declaration of nondischargeability under 11 U.S.C. § 523(a)(2)(A) are DENIED.”
“Of the $100,000 loan, Pathan used only $47,112.57 for personal expenses. The Court will grant Ahmed’s request for a declaration of nondischargeability as to that portion of the debt.”
“The Court will grant the application to employ but will not make the employment retroactive.”
“the Trustee’s objection to Claim No. 18 is SUSTAINED and the claim is DISALLOWED in its entirety.”
“Therefore, the Court will deny Ramirez’s request for a declaration of nondischargeability.”
“The Court therefore denies Kahle’s motion for summary judgment.”
“For the reasons stated below, the Court denies in part and grants in part Pathan’s motion for summary judgment.”
“The debtor’s Motion to Amend Schedule C (ECF No. 42) is GRANTED.”
“The Court concludes that Humphrey is liable to Huebner for intentional misrepresentation and for violation of Wis. Stat. § 100.118 for her misrepresentation on question B11 on the RECR as it relates to the water problem in the kitchen dinette ceiling, and that the resulting debt is non-dischargeable under 11 U.S.C. § 523(a)(2)(A).”
Caseload & timing
From public federal docket records for this judge.
Three sampled matters were terminated and two remained pending. One terminated matter supplied an express reaffirmation approval.
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