Thomas S. Utschig
How Judge Utschig rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Utschig no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Utschig decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Recording law places the risk of defective perfection on sophisticated secured parties rather than innocent subsequent purchasers.
“Lenders - like the bank - are fully capable of protecting their interests by properly recording them.”
Procedural preferences
Venue follows practical administration when transfer clearly improves efficiency for the estate and participants.
“If a transfer would clearly make the administration of the case more efficient for all concerned, the debtor’s initial selection of the forum cannot be the controlling factor.”
Cautions
Lawful exemption planning becomes problematic only when accompanied by deceptive conduct that actually delays or misleads creditors.
“there is a difference between creating a smokescreen that makes it difficult for creditors to realize on their claims and merely attempting to take advantage of legally available exemptions.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The trustee’s oral motion for summary judgment on this issue shall be granted”
“The trustee’s objection to the exemption is overruled”
“the bank’s motion for summary judgment must be denied”
“the Court can find no present cause to lift the stay”
“This objection will be sustained”
“Mr. Rasmussen’s motion for relief from the automatic stay is granted”
“the debtor’s motion to determine adequate protection is denied as moot”
“The complaint must be dismissed”
“the trustee cannot avoid the transfer under § 548”
“the Pawlaks received ‘reasonably equivalent value’ for the transfer they made to the defendant”
“the trustee’s objection is denied as to the exemption of the semi-tractor”
“the trustee’s objection is denied as to the exemption of the semi-tractor, the net income from Darrell’s trucking services”
“the trustee’s objection is denied as to the exemption of the semi-tractor, the net income from Darrell’s trucking services, and the annuity”
“The objection is sustained as to the business account”
The decision directed the unresolved claims to trial and did not resolve their merits.
“the DNR’s motion to dismiss is denied”
“the trustee’s objection to the bank’s secured claim is sustained”
“the motion to transfer this case to the United States Bankruptcy Court for the District of Minnesota is granted”
“the Court declines to rule on the creditor’s motion to dismiss the case”
“the Court cannot find that he had the required intent to deceive them”
“the debt cannot be excepted from discharge under this section of the code”
“his conduct was neither ‘willful’ nor ‘malicious’ within the meaning of the bankruptcy code”
“the plaintiffs have proven their claim for unjust enrichment and they are entitled to the net proceeds of the sale of the building”
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 Utschig 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.