Thomas C. Holman
How Judge Holman rules, drawn from 10 signed orders. Every observation links to the order it came from.
Judge Holman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Holman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An assignment showing ownership of a mortgage note did not establish standing without evidence that the movant was entitled to enforce the note.
“However, the court finds that the record before the court fails to demonstrate that OneWest is the ‘person entitled to enforce’ the note under the Commercial Code, and the court therefore concludes that OneWest has not shown that it has prudential standing to bring the Motion.”
Procedural preferences
A sanctions request failed when it was not presented separately and the movant did not provide the required safe-harbor period.
“The debtor failed to comply with this requirement.”
Cautions
Pursuing a frivolous nondischargeability complaint exposed counsel to an attorney-fee sanction intended to deter similar filings.
“The award of attorneys’ fees sends a message to Mr. Shumway and to those similarly situated that the risk of pursuing frivolous litigation in a case such as this is that those who do so may be required to pay for the cost of defending it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The debtor’s opposition is sustained in part. The motion is dismissed. The debtor’s countermotion for sanctions is denied.”
“For the reasons explained in this Memorandum Decision, Plaintiff is not entitled to judgment for the relief he seeks, and judgment will be entered in favor of Defendant.”
“Trustee is entitled to judgment in part. Trustee is entitled to judgment on his request for declaratory relief that the Subject Policies are property of the bankruptcy estate. Except as so stated, Trustee shall take nothing more by his complaint.”
“Trustee is entitled to judgment as interpleading plaintiff. Trustee shall receive $761,329.00. Trustee shall distribute this portion of the award in accordance with his settlement with GAIC.”
“Trustee’s requests for costs of suit is denied.”
“Because Defendant acted at all relevant times in a fiduciary capacity within the meaning of 11 U.S.C. § 523(a)(4) and because Defendant’s conduct that resulted in the Judgment constituted a defalcation while acting in a fiduciary capacity within the meaning of 11 U.S.C. § 523(a)(4), Plaintiff is entitled to judgment as set forth above.”
The court held that disputed facts required the claim objection to proceed as an adversary proceeding and entered an interim procedural order rather than resolving the claim.
“Based on the forgoing, the motion for reconsideration pursuant to Federal Rule of Bankruptcy Procedure 9023 incorporating Federal Rule of Civil Procedure 59(e) is granted. The Sale Order is vacated and the Trustee shall conduct another sale of the Capello Winery in a manner consistent with this ruling.”
“For the foregoing reasons, the Court will issue a preliminary injunction to prevent foreclosure on the Real Property by Chase pending entry of judgment after trial on the Complaint.”
“For the reasons set forth herein, in this case the court grants the motion in part”
“For the foregoing reasons the court finds that RTC § 4103(b) is not invalid as violative of the Supremacy Clause and will sustain Rabobank’s and the County’s objections. The debtor must pay the County’s secured claim in full at a rate of 18% per annum. Confirmation of the Plan will be denied.”
“For the reasons set forth herein, the plaintiff debtor’s opposition is overruled. The motion is granted. All claims for relief in the plaintiff debtor’s complaint are dismissed without leave to amend based on the court’s lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1).”
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 Holman 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.