Eileen W. Hollowell
How Judge Hollowell rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Hollowell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hollowell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Standing required evidence of a concrete economic interest in enforcing the note rather than a nominal deed-of-trust designation alone.
“Because MERS has no financial interest in the Note, it will suffer no injury if the Note is not paid and will realize no benefit if the DOT is foreclosed.”
Procedural preferences
Substantial participation and a fair opportunity to defend supported giving a prior fraud judgment preclusive effect.
“At bottom, the Debtor was given a full and fair opportunity to litigate the allegations on the merits and he chose not to.”
Cautions
A reaffirmation request was rejected where the debtor's budget was negative and the secured debt exceeded the vehicle's value.
“The Reaffirmation Agreement is not in the best interest of the Debtor because her expenses, including her car payment, exceed her income and because the debt is greater than the value of the Nissan.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, its motion is DENIED without prejudice.”
“Because the Restitution Judgment is part of a criminal judgment, it is non-dischargeable under 11 U.S.C. § 523(a)(7), regardless of who receives the restitution proceeds.”
“Because HP was not an insider of the Debtor when the parties entered into the Settlement, on July 20, 2001, which resulted in the payment to HP, HP is entitled to summary judgment.”
“Accordingly, the IRS’s objection is sustained.”
“Accordingly, a judgment will be entered this date in Debtor’s favor on the complaint.”
“Plaintiffs’ motion is granted and their debt is deemed nondischargeable under 11 U.S.C. § 523(a)(2)(A) as a debt for money obtained by fraud.”
“the objection to payments to the two other shareholders and their entity as creditors is sustained”
“Accordingly, GCE is entitled to be paid $1,244,561.39 prior to any distributions to equity.”
“The Reaffirmation Agreement is not in the Debtor’s best interest and, therefore, will not be approved.”
“ECMC's request to modify the Student Loan by partially discharging $1,073.44 in principal, reducing the principal balance to $22,691.36, reducing the fixed interest rate from 9% to 4.5%, and setting the term of the loan at 20 years, is granted.”
“Accordingly the License is not assumable.”
“The Debtors have satisfied the Brunner Test and are entitled to a discharge of the Student Loan Obligation.”
“The United States’ Motion for Summary Judgment is granted.”
A historical record
Judge Hollowell 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.