Hannah L. Blumenstiel
How Judge Blumenstiel rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge Blumenstiel decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Fraud-based nondischargeability turns on proof of each debtor's own knowledge or on a grounded basis to impute an agent's fraud.
“It is only where a debtor learns of facts that require investigation into the agent's conduct but fails to undertake such an inquiry that a court can find that the debtor ‘should have known’ of the agent's fraud”
Cautions
A creditor must distinguish intentional deception from conduct that caused loss without an intent to injure.
“This evidence does not, however, establish that Mr. Carroll actually intended for Mr. Jadallah never to be repaid”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiffs have failed to meet their burden of establishing nondis-chargeability under sections 528(a)(4) and 528(a)(19).”
“Having ruled in favor of the Defendant on both causes of action, the Court will enter judgment in favor of Defendant.”
“the Court finds that Mr. Buckley has satisfied his burden of establishing by a preponderance of the evidence that the Bartenwerfers’s debt to Mr. Buckley with respect to the non-disclosure of water leaks, window conditions, permits, and the fire escape is nondis-chargeable”
“Mr. Jadallah has met his burden of establishing that Mr. Carroll’s liability for fraud related to the March 7, May 14, May 28, and August 9 advances is nondis-chargeable under section 523(a)(2)(A).”
“has failed to establish nondisehargeability as to any of the advances under section 523(a)(6).”
“the court will render judgment on Mr. Buckley's complaint in favor of Mrs. Bartenwerfer.”
“Mr. and Mrs. Paxton's Motion is GRANTED in part and DENIED in part”
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