Audrey R. Evans
How Judge Evans rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Evans no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Evans decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A construction dispute did not become fraud without proof that the individual defendant intended to deceive the plaintiffs.
“the cause of action in issue is fraud, not breach of contract.”
Procedural preferences
A request to impose the automatic stay had to be filed within the statutory thirty-day window.
“a stay may be imposed under section 362(c)(4)(B) only if a motion is filed within 30 days after the filing of the later case.”
Cautions
A creditor could not unilaterally decide whether disputed property belonged to the estate while judicial review was pending.
“Allowing creditors to make their own determinations as to what belongs to an estate would result in the type of uncertainty and chaos the Bankruptcy Code is designed to prevent.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Smith and Dorsey’s Objection to Claimed Exemptions is hereby SUSTAINED.”
“the Defendants' Motion for Summary Judgment is DENIED.”
“MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS”
“the Plaintiff's Motion to Enforce Settlement is GRANTED.”
“ORDER GRANTING MOTION FOR SUMMARY JUDGMENT”
“ORDER GRANTING MOTION TO DISGORGE FEES”
“the Objections to Confirmation are OVERRULED”
“For the reasons stated below, the requested relief is denied.”
“ORDER DENYING MOTION FOR RELIEF FROM STAY”
“DENYING MOTION FOR VALUATION OF SECURED CLAIMS”
“ORDER CONDITIONALLY CONFIRMING CHAPTER 11 PLAN”
“The Debtors are accordingly denied a discharge pursuant to 11 U.S.C. § 727(a)(4)”
“the Defendant’s Motion to Dismiss is GRANTED.”
A historical record
Judge Evans 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.