Susan V. Kelley
How Judge Kelley rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Kelley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kelley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The veteran means-test exclusion was fixed as of the petition date, consistent with the screening function of eligibility rules.
“Instead, clarity and the purpose of the Act are served by using the petition date as the date to determine whether the debtor’s exemption from means testing has expired.”
Procedural preferences
Disputed evidence about fraudulent intent ordinarily requires trial rather than summary judgment.
“And proving or defending a claim under Section 523(a)(2)(A) depends in large part on proof of the debtor’s intent, a difficult task on summary judgment.”
Cautions
A Chapter 13 plan may pay priority fees alongside a secured claim, but without consent it cannot reduce or delay the secured creditor’s equal monthly payments.
“Since the periodic payments to the secured creditor must be equal, unless the creditor consents, payment of attorney’s fees ‘pro rata’ with the secured creditor invariably will violate the equal payment requirement.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motion for partial summary judgment is granted, and counts 1 and 2 of the amended complaint are dismissed.”
“The motion to dismiss the Complaint is granted.”
“DWD’s Motion is denied.”
“the Debtor’s motion for turnover of funds held by the Trustee is granted.”
“The Trustee’s motion for summary judgment is granted.”
“ADM’s motion to enforce the confirmation order against CVC is denied.”
“the Trustee’s objection is sustained and the VA Benefits should be included in the Debtors’ disposable income.”
“the Defendant’s Motion for Judgment on the Pleadings is denied.”
The court accepted ancillary jurisdiction and directed the parties to schedule further proceedings on notice and due process.
“An order will be entered denying the Motion for Summary Judgment and the case will be set for trial.”
“The Court will enter a separate order overruling the Trustee’s objection to confirmation and confirming the Debtor’s plan.”
“The Court will enter a separate order denying the City’s motion to dismiss the complaint.”
Caseload & timing
From public federal docket records for this judge.
All ten sampled matters were terminated, and every retained entry stream was empty.
A historical record
Judge Kelley 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.