Mary Elaine Hammond
How Judge Hammond rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Hammond decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A sustained pattern of inflated financial disclosures supported an inference of knowing falsity or reckless indifference.
“Brower consistently overstated his assets by implying that his wife’s separate property was his. He then skewed the disclosures to match the greatest value possible”
Unanswered requests for admission can establish the elements of transfer-avoidance claims when the admissions remain in effect.
“A matter admitted under FRCP 36 is conclusively established unless the court permits the admission to be withdrawn.”
Procedural preferences
Chapter 13 plans must comply with the statutory modification and discharge structure even when no trustee or creditor objects.
“the bankruptcy court must make an ‘independent determination of undue hardship before a plan is confirmed, even if the creditor fails to object or appear in the adversary proceeding’”
Cautions
A settlement does not establish a securities-law debt unless the evidence shows that the settlement necessarily resolved that issue.
“the evidence does not show that the settlement agreement between the parties ‘necessarily decided’ whether the debt is for the violation of securities laws.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the court issued its Memorandum Decision granting Plaintiffs’ motion for partial summary judgment in part and denying it in part and denying Defendant’s motion for summary judgment”
“The court being unable to find such basis, Defendant’s motion for summary judgment is denied.”
“Paik’s § 523(a)(2)(A) claim is granted with respect to Ken Lee, with damages in the amount of $315,777.47”
“Paik’s § 523(a)(2)(B) claim is granted with respect to Ken Lee, with damages in the amount of $315,777.47.”
“As such, Paik’s § 523(a)(19) claim is denied.”
“For the foregoing reasons, Paik’s § 727(a)(3) claim is denied.”
“For the foregoing reasons, Paik’s § 727(a)(4)(A) claim is denied.”
“Thus, there is no basis to impute her husband’s fraud to Hyun Lee.”
“Plaintiff established that Defendant received $341,059.51 in Transfers that are avoided pursuant to §§ 547, 548 or 549, and recoverable from Defendant pursuant to § 550.”
“Plaintiff established that Defendant received $22,024.15 in Transfers that are avoided pursuant to §§ 547, 548 or 549, and recoverable from Defendant pursuant to § 550.”
“Because the additional provisions are inconsistent with the plan in use in the remainder of the district and are contrary to the Bankruptcy Code4 in application, they cannot be approved.”
“the court will enter judgment exempting the Bank’s claim against Brower from discharge pursuant to § 523(a)(2)(B) but denying its request for relief pursuant to § 727(a)(3).”
“Trustee established a claim for $224,608 against PTV for payments made by PTV from Debtor's funds that were either not legitimate operating expenses of Debtor or not authorized by the Bankruptcy Code or court, and thus did not benefit Debtor.”
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