Arnold M. Adams
How Judge Adams rules, drawn from 2 signed orders. Every observation links to the order it came from.
Judge Adams no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Adams decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The likely effect on a viable reorganization was central when the court compelled continued performance of supply contracts.
“The Court specifically finds that without the goods of the defendant, a successful reorganization will be scuttled”
Procedural preferences
The automatic stay was treated as a procedural pause that did not erase a creditor's substantive setoff rights.
“The automatic stay provisions of 11 U.S.C. Section 362 prevent the setoff from being made immediately, but no provision of the Bankruptcy Code eliminates the rights granted to the United States by the Internal Revenue Code.”
Cautions
Turnover was denied where it would give the debtor a refund without a corresponding benefit to creditors under the plan.
“Plaintiff-debtor is not entitled to a windfall under the spirit of the Bankruptcy Code to the detriment of creditors.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The temporary order will be made permanent except as herein modified.”
“It is therefore ORDERED, ADJUDGED and DECREED that pursuant to 26 U.S.C. § 6402(a), the Internal Revenue Service is entitled to retain said refund check in the amount of $231.20.”
“the automatic stay is hereby lifted to allow the setoff requested in defendant’s Answer and Counterclaim.”
A historical record
Judge Adams 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.