Robert F. Fussell
How Judge Fussell rules, drawn from 13 signed orders. Every observation links to the order it came from.
Judge Fussell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Fussell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Stipulated control and diversion of funds established fiduciary defalcation without requiring speculation about missing facts.
“the Court concludes that these stipulated facts clearly establish a defalcation under § 523(a)(4).”
Procedural preferences
Summary judgment was withheld where the purpose of challenged collection activity remained a material factual dispute.
“The determination of whether an act violates the automatic stay and whether the act in this case was done for prosecution or for debt collection are material questions of fact.”
Cautions
The court declined to award damages where the record supplied no evidentiary basis for calculating them.
“The Court will not speculate as to the cost of the copies, and, therefore, denies Cannon’s claim for copies as compensatory damage.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Cannon is allowed compensatory damages from Petitioners, jointly and severally, in the amount of $14,230.14”
“is awarded punitive damages in the amount of $15,000.00 from Bennett, $15,000.00 from Kincaid, and $5000.00 from Pruss.”
“Equipment Dealer’s lien is hereby AVOIDED by the Trustee pursuant to 11 U.S.C. § 544.”
“The Court will sustain the objections to confirmation filed by the bank and the trustee.”
“The Court will sustain the bank’s and the chapter 7 trustee’s objection as to the debtor’s claim of exemption in his 1/5 interest in 80 acres of land”
“their objections will be overruled. The debtor has claimed no exemption in a boat, motor, or trailer.”
“the bank and the chapter 7 trustee’s objections as to the value of the carpenter tools will be overruled.”
“the Court will enter its judgment in favor of the chapter 13 trustee and against the defendant, Barry County Livestock Auction, in the amount of $46,749.55.”
“the Court denies the Rogers District Court’s motion for summary judgment”
“and the Bentonville District Court’s motion for summary judgment.”
“the Debtor’s motion to convert her case is GRANTED.”
“Plaintiffs are entitled to a non-dischargeable judgment against Defendant in the amount of $84,471.67.”
“The Trustee’s objection to exemptions and objection to amended exemptions are hereby SUSTAINED”
“the Trustee’s motion for turnover is hereby GRANTED”
“the Court overrules the Trustee’s objections to homestead exemption and objections to amended exemptions that relate to Debtors’ alleged fraudulent transfer of property, limiting the value of the homestead exemption to $2500.00, and the carve out of one quarter acre; and sustains the Trustee’s objections to exemptions and objections to amended exemptions that relate to the sale of the subject property.”
“The Trustee is ordered to sell the subject property and hold the proceeds in trust”
“Rent-A-Center’s objection to confirmation is sustained.”
“Trustee’s and Witt’s objections to personal property exemptions claimed by Debtor is hereby SUSTAINED.”
“Trustee’s and Witt’s objections to Debtor’s claimed homestead exemption are hereby DENIED.”
“The Trustee’s objection to exemptions and objections to amended exemptions are hereby SUSTAINED”
“the Trustee’s motion for turnover is hereby GRANTED”
A historical record
Judge Fussell 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.