Charles D. Novack
How Judge Novack rules, drawn from 11 signed orders. Every observation links to the order it came from.
Judge Novack no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Novack decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Sustained efforts to find work, control expenses, and make payments can establish good faith despite failure to enter an income-based repayment plan.
“Given Barrett’s other good faith efforts, his failure to pursue an income contingent repayment plan is not damning.”
Procedural preferences
Summary judgment is inappropriate when the purpose behind a creditor's postpetition conduct remains genuinely disputed.
“Material questions of fact therefore exist regarding whether this amendment was passed as part of BCOA’s alleged overall scheme to coerce or harass Parker into paying her discharged debt.”
Cautions
An objectively imposed litigation sanction does not by itself establish the subjective intent required for willful-injury nondischargeability.
“Standing alone, a § 128.7 sanctions order is dischargeable. Section 523(a)(6) requires this court to determine a debtor’s subjective intent”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AutoSource has established, by a preponderance of the evidence, all the elements of Bankruptcy Code § 727(a)(4)(A). The Traínas’ chapter 7 discharge is denied.”
“Rosa’s claim objection is sustained and EMC’s claim is disallowed, the Chapter 13 Trustee’s objection to Plan confirmation is overruled, and the Plan is confirmed.”
“Debtor has demonstrated that a 5% interest rate, consisting of a 3.25% prime rate and a 1.75% risk premium, is appropriate.”
“For the foregoing reasons, the court 1) grants FNB an allowed, unsecured claim in the amount of $25,300.24”
“Barrett has demonstrated by a preponderance of the evidence that he is entitled to discharge his student loan debt.”
“the court finds that Bethke is entitled to a non-dischargeable judgment of $382,305.40, with interest to be determined upon Bethke’s submission of a proposed judgment.”
“Accordingly, Bethke’s § 727 claims for relief are denied.”
“Tiscareno’s Chapter 7 discharge is therefore denied under § 727(a)(4) due to his wrongful ownership claim in the Bay Point property.”
“Accordingly, Tis-careno’s discharge is denied under Bankruptcy Code § 727(a)(2).”
“Zimmerman has not established a non-dischargeable claim for relief under § 523(a)(6).”
“this court cannot find that Graham has demonstrated ‘willfulness’ by a preponderance of the evidence.”
“a non-dischargeable judgment in favor of Bass for $125,000 shall be entered.”
“The Labor Commissioner has met his burden of proof with regard to some of the missed wage payments.”
“The Labor Commissioner has not satisfied his burden of proof on this claim for relief.”
“Accordingly, the Labor Commissioner is not entitled to relief under § 523(a)(6).”
“the U.S. Trustee has not persuaded this court that Choy, who testified at length, was attempting to deceive his creditors by not filing full and correct bankruptcy schedules and his statement of financial affairs promptly after filing his Chapter 11 case.”
“Thus, the U.S. Trustee has demonstrated that Choy transferred property of the estate with the intent to hinder, delay or defraud U.S. Bank.”
“Accordingly, the court finds in Choy’s favor on this claim for relief.”
“The U.S. Trustee’s argument regarding these funds also fails.”
“Accordingly, the Trustee has proven that Hedlund made false oaths.”
“The Trustee has not met her burden of proof on this claim for relief.”
“MEMORANDUM DECISION GRANTING SUMMARY JUDGMENT IN PART AND DENYING SUMMARY JUDGMENT IN PART”
A historical record
Judge Novack 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.