Vincent D. Maggiore
How Judge Maggiore rules, drawn from 13 signed orders. Every observation links to the order it came from.
Judge Maggiore no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Maggiore decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court treated practical access to redemption as important to making the statutory right meaningful.
“One practical consideration is that the right to redeem is meaningless if a debtor cannot exercise it.”
Procedural preferences
Issue preclusion was appropriate after the debtor had a fair chance to litigate the same contested issues.
“The Defendant had a fair chance to present his ease and did so, was fully heard, and the contested issues were decided against him.”
Cautions
The court declined to enforce a contractual forfeiture when rigid adherence would produce an inequitable result.
“if the facts are such that it would be a miscarriage of justice to follow the technicalities of the law, then equity must prevail.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“11 U.S.C. § 108 automatically extinguishes his rights.”
“Should the Bankruptcy Court abstain and remand the matter to the State Court after Reliable’s lien is extinguished by this court. The answer to both is yes.”
“He cannot step into the shoes of the trustee of another bankruptcy action.”
“the doctrine of collateral estoppel is applicable, and that Plaintiffs’ judgment is non-dis-chargeable.”
“the fixing of the lien can be and has been avoided and the exemption restored.”
“For the reasons indicated below, we agree with the MARCUSES.”
“the Debtor lacks standing to bring a § 548 fraudulent transfer challenge.”
“we further hold that in such a case the bankruptcy court has power under § 542 to order the turnover of property repossessed or executed upon by a secured creditor upon the showing by the debtor that the creditor is adequately protected.”
“this court rejects the Creditors’ reading of §§ 542 and 541 in the present context.”
“this Court holds that redemption pursuant to 11 U.S.C. § 722 can be accomplished by installments over the objections of a secured creditor.”
“this Court finds that the ‘bonus dividend’ of $9,711.00 is property of the bankruptcy estate of Greer-Stump, Inc.”
“PAC was bound to distribute the bonus dividend to Greer-Stump, Inc., and PAC’s assertion of absolute discretion was unsupportable.”
“The Court finds that an interpretation of Section 70 required that Judgment be rendered for the Plaintiff and against the Defendants.”
“The state’s res judicata argument is erroneous.”
“the Court is satisfied that at least after the second conversation with the union’s business manager the defendant-bankrupt did have the intent required by Section 17a(2) of the Bankruptcy Act”
“This court denied the lifting of the stay, but retained jurisdiction to hear the forfeiture action.”
“This court cannot allow a forfeiture to be effective with such notice and in light of the secured parties refusal of tender of the liquidated balance.”
“Defendant is entitled to $6,250.00 for the amount he paid for the one and $6,250.00 for the equivalent fair market value of the other pump.”
“all rents owed before May 25,1978, the date the confirmation of the plan and discharge order was granted, are discharged.”
“the debtor owes the Defendant $3,353.40 from May 25, 1978, through June 30, 1978; $17,000.00 for July 1, 1978 through December 30,1978; and $7,005.49 from January 1, 1979 through March 15, 1979, for rent.”
“no offsets were carried beyond the May 25, 1978, date.”
A historical record
Judge Maggiore 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.