Mary Elaine Hammond

How Judge Hammond rules, drawn from 7 signed orders. Every observation links to the order it came from.

Judge Hammond no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
U.S. Bankruptcy Court for the Northern District of California
Position
Bankruptcy judge
Status
Retired
Appointed by
U.S. Court of Appeals for the Ninth Circuit
Commissioned
February 2, 2012
Education
Duke University, undergraduate degree; University of North Carolina School of Law, law degree
Signed orders read
7

About Judge Hammond

Mary Elaine Hammond served as a United States Bankruptcy Judge for the Northern District of California from February 2012 until retiring in 2025. She was reappointed earlier that year. Before joining the bench, she practiced bankruptcy law and clerked for Bankruptcy Judge Edward D. Jellen. She earned degrees from Duke University and the University of North Carolina School of Law.

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“A matter admitted under FRCP 36 is conclusively established unless the court permits the admission to be withdrawn.”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.

Stennis v. Davis (In re Davis)
· 2013-01-23
Motion for partial summary judgment (plaintiffs) Granted in part

“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”

Summary judgment (defendant) Denied

“The court being unable to find such basis, Defendant’s motion for summary judgment is denied.”

Paik v. Lee (In re Lee)
· 2015-09-08
Nondischargeability claim fraud (creditor) Granted

“Paik’s § 523(a)(2)(A) claim is granted with respect to Ken Lee, with damages in the amount of $315,777.47”

Nondischargeability claim false financial statement (creditor) Granted

“Paik’s § 523(a)(2)(B) claim is granted with respect to Ken Lee, with damages in the amount of $315,777.47.”

Nondischargeability claim securities violation (creditor) Denied

“As such, Paik’s § 523(a)(19) claim is denied.”

Objection to discharge inadequate records (creditor) Denied

“For the foregoing reasons, Paik’s § 727(a)(3) claim is denied.”

Objection to discharge false oath (creditor) Denied

“For the foregoing reasons, Paik’s § 727(a)(4)(A) claim is denied.”

Nondischargeability imputation to spouse (creditor) Denied

“Thus, there is no basis to impute her husband’s fraud to Hyun Lee.”

Everett v. Thomas Capital Investments (In re Pacific Thomas Corp.)
· 2015-12-08
Avoidance and recovery of transfers (Chapter 11 trustee) Granted

“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.”

Everett v. Darrow Family Partners (In re Pacific Thomas Corp.)
· 2015-12-08
Avoidance and recovery of transfers (Chapter 11 trustee) Granted

“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.”

In re Escarcega
· 2016-09-26
Chapter 13 plan confirmation (debtors) Denied

“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.”

MUFG Union Bank, N.A. v. Brower (In re Brower)
· 2017-03-22
Nondischargeability claim false financial statement (creditor bank) Granted

“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).”

Objection to discharge inadequate records (creditor bank) Denied
Everett v. Whitney (In re Pacific Thomas Corp.)
· 2019-05-28
Turnover adversary claim (Chapter 11 trustee) Granted in part

“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.”

A historical record

Judge Hammond no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.