Phyllis M. Jones
How Judge Jones rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Jones decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A debtor retained stay protection for a home despite no equity where credible evidence showed the residence was necessary to an effective Chapter 13 reorganization.
“the Debtor met his burden of proving the Residence is necessary for an effective reorganization in this Chapter 13 case.”
Substance prevailed over form when a contract for deed functioned as a security device rather than an executory contract.
“the Contract is a contract for deed and should be treated as a security device similar to a mortgage.”
Procedural preferences
The availability of relief in an already-pending state-court action weighed against reopening a closed bankruptcy case.
“Because the issue may be determined by the state court, relief is available in an alternative forum and this Court need not reopen the Debtor’s bankruptcy case to decide the issue.”
A request for fees and costs did not prevail despite success on denial of discharge, given the litigation history and governing limits.
“CNR’s request for attorney’s fees and costs is denied.”
Cautions
An injunction request affecting FDA enforcement was narrowed where patient health and safety outweighed the debtor's reorganization interests.
“the equities favor the latter.”
After conversion, controlling precedent required undistributed postpetition wages to return to the debtor rather than fund former counsel's administrative claim.
“all undistributed funds on hand with the Chapter 13 Trustee paid from the Debtor’s postpetition wages must be returned to the Debtor”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Debtor’s objection to Mr. Ahmed’s claim is sustained, and the claim is disallowed.”
“the Court finds that the Section Motion should be and hereby is DENIED.”
“the Court hereby imposes a temporary stay on the issuance of any future news releases or alerts by the FDA as stated in more detail above. This stay is subject to numerous conditions as discussed in this Order. Finally, the Court, after again applying the four injunction factors, denies the Debtor’s request to impose the automatic stay on the District Court Action or to enjoin the District Court Action for a period of forty-five days.”
“Mr. Coffey’s discharge is denied on these grounds.”
“CNR’s request to bar Mr. Coffey from filing another bankruptcy case is denied”
“CNR’s request for a referral to the USAO is denied”
“CNR’s request for attorney’s fees and costs is denied.”
“For the foregoing reasons, the Debtor’s Motion is DENIED and the case will remain closed.”
“AgHeritage’s claims under Sections 523(a)(2)(A), (a)(2)(B), (a)(6), and 727(a)(2) and (a)(3) are DENIED.”
“Mr. Uhiren’s objection to confirmation of the Debtor’s plan is overruled as to the plan classification and treatment.”
“the debt owed to CCB on the LOC Loan, which, as of May 22, 2018, was in the amount of $151,504.97, is hereby determined to be nondischargeable pursuant to Section 523(a)(2)(B)”
“the Debtor’s discharge is denied pursuant to Section 727(a)(4)(A)”
“The debt owed by the Debtor to the Bank is accordingly determined to be dischargeable. Judgment will be entered in favor of the Defendant, Mr. Hampton.”
“Farm Credit’s claims under Sections 523(a)(6) 19 and 727(a)(5) are DENIED.”
“Farm Credit’s claims under Sections 523(a)(6), (a)(4), and 727(a)(5) are DENIED.”
“the Motion Requesting Allowance of Administrative Claim and Notice of Opportunity to Object is DENIED.”
“For the reasons stated herein, the Motion is GRANTED.”
“In addition, the MFRS is DENIED.”
Caseload & timing
From public federal docket records for this judge.
All ten sampled matters were terminated. Their durations ranged from 130 to 1,966 days, with a median of 270 days. The sample is descriptive and is not a complete caseload census.
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