Michael S. McManus
How Judge McManus rules, drawn from 12 signed orders. Every observation links to the order it came from.
Judge McManus no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McManus decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
California law treating a real-estate broker as a fiduciary can establish the fiduciary capacity required for a nondischargeability claim.
“The Ninth Circuit has held that the fiduciary duty a real estate broker owes her client under California law makes the broker a fiduciary for purposes of section 523(a)(4).”
Procedural preferences
Evidence filed after a court-imposed briefing limit was not considered when the party lacked leave to supplement the record.
“Nonetheless, on May 26 the debtor filed two additional declarations. The court will not consider these declarations.”
Cautions
A discovery complaint raised only after briefing and a tentative ruling did not justify additional time to depose the opposing expert.
“Therefore, the court will not give the debtors additional time to depose the expert retained by the trustee.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Therefore, this court will enter a separate judgment declaring that the outstanding amounts awarded by the state court in connection with the civil action filed by Healy against Rose to be nondischargeable pursuant to 11 U.S.C. § 523(a)(6).”
“Assuming the plaintiffs are owed the debts demanded in the second amended complaint, the court concludes they are dischargeable.”
“For the foregoing reasons, judgment will be entered for the debtor.”
The court determined that the debtor had not completed the statutory certifications and deposit required to delay enforcement of a prepetition possession judgment.
“For the foregoing reasons, and to the extent discussed above, the U.S. Trustee’s motion and the chapter 13 trustee’s motion will be granted.”
“The court will order Ms. Mahaney to disgorge the $3,200 fee, less the $125 paid to Ms. Foster, she collected from the debtors.”
“For the foregoing reasons, the amended plan will be confirmed, the objections to confirmation will be overruled, and ReProp’s motion to dismiss the case or for relief from the automatic stay will be denied.”
“For the reasons explained above, the objection to the debtors’ exemptions will be sustained in part.”
“For the foregoing reasons, the court will enter a judgment for the plaintiff.”
“Therefore, the judgment of the state court is made nondischargeable by section 523(a)(4).”
“Unfortunately for the debtor, it is unnecessary to consider the second and third prongs because she cannot satisfy the first prong.”
“Accordingly, the court will grant the City’s Motion for Approval of Rejection of Collective Bargaining Agreements with respect to the IBEW CBA and it will overrule all objections filed in response to the motion.”
Caseload & timing
From public federal docket records for this judge.
Completed-case duration is reported for 5 terminated matters in the fixed sample.
A historical record
Judge McManus 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.