John D. Ayer
How Judge Ayer rules, drawn from 8 signed orders. Every observation links to the order it came from.
Judge Ayer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ayer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A plan's concrete guarantees and record of ongoing payments supported feasibility and confirmation despite a long and contentious case history.
“This overlooks the fact of the guarantees, and the fact that no one has seriously disputed the solvency of the guarantors. I find that the debtor has met this standard of feasibility.”
Procedural preferences
A specialized nonjudicial process did not displace the bankruptcy claims procedure when the latter could resolve the same dispute promptly.
“the bankruptcy claims procedure achieves the goal sought by ERISA arbitration — indeed, that the claims procedure may serve that goal better than ERISA arbitration itself.”
Cautions
A transaction could not receive a second merits review merely because it was presented once as a complaint and again as an application.
“The complexity of bankruptcy procedure may have its virtues. But it should not be permitted to give ICC two chances at the same relief.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I find and order that the debtor need not submit to arbitration in this matter.”
“On the facts of this case, I find that an equity cushion alone is insufficient to support the stay and, accordingly, I grant relief.”
“Though assembling the facts is something like solving an N-dimensional Rubik’s Cube, the law seems to me reasonably straightforward. I hold for the trustee.”
“Judgment shall be entered dismissing the complaint and awarding costs and attorneys’ fees to the defendant.”
“Therefore, I grant GPW’s motion for summary judgment.”
“the insurers are entitled to priority administrative expenses for the costs of adjusting claims, subject to the constraints of Bankruptcy Code § 330,11 U.S.C. § 330 (Supp. IV 1981) and Bankruptcy Code § 503(a), 11 U.S.C. § 503(a). I do not know the amount of compensation they are entitled to, or whether (or when) it should be paid.”
“On this basis, I grant relief from the stay.”
“I am willing on the facts to enjoin the debtor from any subsequent filing for six months, save on express permission of the court.”
“I therefore hold that the debtor’s plan meets the relevant requirements of confirmation as set forth in Sec. 1129.”
“I find that Had-ley’s plan fails to meet the requirements for confirmation.”
“By finding that the debtor’s plan is con-firmable, I have rendered moot the question of whether the case should be dismissed or converted.”
A historical record
Judge Ayer 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.