William A. Scanland
How Judge Scanland rules, drawn from 12 signed orders. Every observation links to the order it came from.
Judge Scanland no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Scanland decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The petition-date rule controlled the amount of the homestead exemption available to the debtors.
“the Debtor should be allowed the homestead of $20,000.00, the amount allowed by the Arizona state statute on the date of filing the petition in bankruptcy.”
Procedural preferences
A postpetition recording did not violate the stay where the forfeiture had already become effective before filing.
“the failure to record the Declaration of the Affidavit of Termination of Forfeiture before the filing of the Petition in Bankruptcy does not affect the validity of the forfeiture of the plaintiffs’ interest.”
Cautions
Professional compensation depends on reasonably necessary work rather than raw time alone.
“Hours alone are a false criteria that can result in the reward of inexperience, inefficiency and incompetence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the benefits due the debtors under the ERISA plan of his employer are not property of the estate as of the day of filing this petition.”
“the Court finds that the Defendant Robert Ward is the owner of the shield”
“no other party to this action has any interest in it.”
“his default was duly entered against him foreclosing any claim he might make to the shield.”
“Referee’s Salary and Expense Fund, $12,-835.71.”
“Receiver, $8,678.54; expenses of $369.70.”
“Trustee, $6,013.08; expenses of $698.40.”
“Court Reporter, $2,740.00.”
“Accountant, $726.95.”
“this Court allows the attorneys for the Receiver $2,638.50”
“while acting as attorney for the Trustee, $7,490.00 and costs in the amount of $167.60.”
“the attorney should be paid the balance of $5,750.00, and the Trustee is authorized to pay this sum.”
“The Trustee’s application for authorization to offer the books and records to the Bankrupts, if refused by them to Internal Revenue Service, if refused by them then to be destroyed, is allowed”
“the forfeiture of buyers’ interest in the contract for sale of real property was completed prior to the filing of the petition for an order for relief by the plaintiffs.”
“The recording of this affidavit after the filing of the Petition in Bankruptcy does not violate the automatic stay”
“the debt due Plaintiffs from the Debtors is dischargeable.”
“the Debtor should be allowed the homestead of $20,000.00, the amount allowed by the Arizona state statute on the date of filing the petition in bankruptcy.”
“the Seller-Plaintiff does not have a valid purchase money security agreement in any of the furniture”
“the Seller-Plaintiff does not have a valid purchase money security agreement in any of the furniture or the washer purchased”
“Beach Furniture and Appliance Company, Inc., and Norman Freeman, are in contempt of this Court.”
“At this time the Court is not going to assess a penalty”
“the sum of $1,500.00 as and for attorney’s fees for the legal work of Mr. Kohn.”
“The expenses which Mr. Hopkins seeks, as follows: Title Report, $285.75; Court Costs, $47.79; Attorney’s Fees for Attorney for Trust, $450.00; U. S. Fiduciary, $772.08, are allowed.”
“the objection to the discharge of the fine of $2,500.00 imposed by the United States District Court for the District of Arizona, on the debtor, is sustained.”
“the debt due plaintiff from defendant, Terry Joseph Forcier, of $1,745.00, is nondischargeable.”
“there was not disclosure made to the debtor and on this ground the Trust Deed should be avoided.”
“the offer to introduce such written interrogatories and the answers thereto is denied.”
A historical record
Judge Scanland 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.