Russell A. Eisenberg
How Judge Eisenberg rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Eisenberg no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Eisenberg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Strict doomsday provisions receive literal enforcement when the debtor misses an express condition and presents no new circumstances.
“If an order is to have any true meaning, if a party is to be able to place any justifiable reliance on an order, if a court is to have any credibility and command any respect, then it must enforce its own orders.”
Procedural preferences
Discovery disputes are evaluated in the context of the complete examination rather than isolated excerpts.
“It has never been the court’s practice to review deposition questions or answers in a vacuum.”
Cautions
Professional compensation must remain proportionate to the benefit delivered to the estate.
“When all is said and done, there is only one Rule for professionals: Be honest.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Emergency Motion of the Debtor in Possession for Relief from the Court’s Order of May 13, 2002, is denied”
“the Motion of South Street Funds to Compel Adequate Responses to Questions Put at Oral Examination shall be denied”
“Proof of Claim No. 78 of Luis Veltze in B-E Holdings, Inc. shall be allowed in the sum of $213,040.99”
“Proof of Claim No. 360 of Luis Veltze in Bucyrus-Erie Company shall be allowed in the sum of $213,040.99”
The court held that it could impose prospective fee caps on estate professionals, but the memorandum did not resolve a clearly identified motion.
“is entitled to total payment in the sum of $224,990.74”
“EPC is authorized to attempt to sell substantially all of its assets pursuant to § 363(b)(1) and (f)(3)”
“The request of the United States trustee for the court to prohibit any sale of substantially all of the assets of the debtor in possession other than pursuant to an approved disclosure statement and confirmed plan is denied”
“an order will be entered granting the motion of the Bilders to reopen this case to add the New Creditors”
“The claim of United Food and Commercial Workers Industry Pension Fund is deemed withdrawn”
“The Union’s motion to withdraw its February 3, 1989, motion is granted, and that motion is now deemed withdrawn”
“This court will proceed to schedule hearings pursuant to 11 U.S.C. § 502(c) to estimate for allowance the claims of the NLRB and the Union”
“the debtors may retain their chosen counsel pursuant to 11 U.S.C. § 328(a), and that such counsel may retain both real estate mortgages subject to the following terms and conditions”
“The causes of action pertaining to the denial of the defendant’s discharge shall proceed to trial in this court, and the trial shall be to the court”
“the automatic stay is modified to permit all parties to litigate those issues to conclusion in the State court action”
“The motion of the Official Retirees’ Committee is granted”
Caseload & timing
From public federal docket records for this judge.
All ten sampled matters were terminated and every entry stream was empty.
A historical record
Judge Eisenberg 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.