Wayne E. Johnson
How Judge Johnson rules, drawn from 7 signed orders. Every observation links to the order it came from.
Judge Johnson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Johnson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Equitable tolling was left for an actual avoidance action so the affected defendant would receive notice and an opportunity to contest it.
“By denying the motion today, the court merely holds that the trustee cannot win the argument of whether or not equitable tolling applies in advance and without notice and an opportunity for the defendant to resist application of the doctrine.”
Cautions
In overlapping spousal bankruptcy cases, disclosed community property may transfer by operation of law when the first estate closes, changing what a later Chapter 13 plan must address.
“For the following reasons, the Court concludes that the assets do transfer by operation of law from one bankruptcy estate to the other.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, for the reasons stated, the Motion is hereby denied.”
“By denying the motion today, the court merely holds that the trustee cannot win the argument of whether or not equitable tolling applies in advance and without notice and an opportunity for the defendant to resist application of the doctrine.”
“For the reasons stated below, the court concludes that the 180-day bar to re-filing a new case does apply.”
“Accordingly, the Court grants the request of the Trustee to deny confirmation of the pending chapter 13 plan.”
“However, the request of the Trustee to dismiss the case is denied.”
“For these reasons, the Court must grant the motion of the trustee to deny confirmation of the chapter 13 plan and dismiss this case.”
“Accordingly, for the reasons set forth above, the Court hereby awards $675, $650 and $1,000 for a total of $2,325 in allowed fees and costs.”
“Accordingly, the Court shall enter a separate order remanding this adversary proceeding back to state court.”
A historical record
Judge Johnson 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.