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§ 455

Jackson v. Jackson (In re Jackson)

Ruling
Judge's candid assessment of creditors' claims was not basis for disqualification for bias towards debtor.
Issue(s)
Should bankruptcy judge be disqualified for alleged lack of impartiality and personal bias in favor of debtor?

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Consumer opinion summary, case decided on October 26, 2015 , LexisNexis #1215-029

In re Ocean 4660 LLC

Ruling
Grounds did not exist for recusal of bankruptcy judge.
Issue(s)
Whether to grant a creditor's motion to disqualify the bankruptcy court judge.

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Commercial opinion summary, case decided on July 21, 2015 , LexisNexis #0815-066

In re Ottman

Ruling
Appropriate admonishment of debtors' counsel was not grounds for recusal of bankruptcy judge.
Issue(s)
Was bankruptcy judge's criticism of debtors' counsel grounds for recusal?

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Consumer opinion summary, case decided on June 26, 2015 , LexisNexis #0815-136

In re Damerau

Ruling
Disqualification of bankruptcy judge denied where decisions were reasonable and there was no evidence of bias against debtor.
Issue(s)
Should debtor's motion for recusal of bankruptcy judge be granted?

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Consumer opinion summary, case decided on February 18, 2015 , LexisNexis #0315-103

Gordon v. Livecchi (In re Livecchi)

Ruling
Recusal from adversary proceeding and overall bankruptcy case denied absent reasonable question over judge's impartiality.
Issue(s)
Should bankruptcy court's order granting summary judgment in trustee's fraudulent transfer proceeding and denying the debtor's cross-motion to dismiss or, in the alternative, to amend its answer, be reversed due to bias or prejudice requiring recusal?

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Consumer opinion summary, case decided on December 11, 2014 , LexisNexis #0115-031

In re Blumensaadt

Ruling
Recusal of judge who had served as chapter 13 trustee in debtor's prior case denied.
Issue(s)
Should bankruptcy judge who served as chapter 13 trustee in debtor's prior case recuse self from hearing the case?

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Consumer opinion summary, case decided on September 08, 2014 , LexisNexis #1014-031

In re Law Firm of Frank R. Bayger PC

Ruling
Recusal of bankruptcy judge based on alleged bias denied.
Issue(s)
Should judge in twelve-year-old case recuse self on grounds of alleged impartiality?

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Commercial opinion summary, case decided on June 25, 2014 , LexisNexis #0714-136

Taylor v. Boswell (In re Boswell)

Ruling
Motion to disqualify judge for bias denied.
Issue(s)
Should bankruptcy judge be disqualified from hearing case based on debtor's allegations of bias?

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Consumer opinion summary, case decided on June 16, 2014 , LexisNexis #0714-103

Mazzei v. No Respondent (In re Mazzei)

Ruling
Bankruptcy judge recused self from cases in which lawyer was counsel, despite absence of "predisposition" for greater good of court and to avoid misperception.
Issue(s)
Should bankruptcy judge recuse self from cases in which lawyer was counsel of record due to alleged personal bias or prejudice against the lawyer?

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Consumer opinion summary, case decided on June 10, 2014 , LexisNexis #0714-104

Wisdom v. Gugino (In re Wisdom)

Ruling
Bankruptcy judge not required to recuse self because trustee was the judge's former law clerk.
Issue(s)
Was bankruptcy judge required to recuse self from hearing case in which the trustee was the judge's former law clerk?

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Consumer opinion summary, case decided on May 23, 2014 , LexisNexis #0614-101