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Thomas D. Stalnaker, Trustee v. George Allison, Jr. (In re Tri-State Fin'l, LLC), Ch. 11, BK08-83016, A10-8052-SH (Jan. 5, 2015)

A party moved to recuse the bankruptcy judge assigned to the case from handling the matter on remand, asserting that the judge would be biased due to an inability to set aside impressions formed from the judge's review of and familiarity with the trial testimony, evidence, and earlier rulings in the case. The court denied the motion, explaining that the scope of the disqualification statute does not  extend to knowledge gleaned and opinions formed in the course of judicial proceedings. Because the movant did not show the court's previous decision was based on extrajudicial information, nor did the movant demonstrate the existence of "deep-seated favoritism or antagonism that would make fair judgment impossible," recusal was unwarranted.

Date: 
Monday, January 5, 2015
Judge: 
Judge Shon Hastings