Randall J. Newsome
How Judge Newsome rules, drawn from 8 signed orders. Every observation links to the order it came from.
Judge Newsome no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Newsome decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He gives binding effect to the plain terms of a confirmed plan when the debtor has performed the condition that ends a creditor's lien.
“Both are receiving what the plan and the plain meaning of the Code allow.”
Procedural preferences
He treats the court's statutory responsibility for professional compensation as a narrow area that should not be delegated to private arbitration.
“disputes over fees in bankruptcy cases fall within the extremely narrow category of disputes which Congress probably never envisioned being delegated to nonjudicial entities for resolution.”
Cautions
Counsel should expect settlement representations to be enforced when a later inconsistent position would undermine the integrity of the judicial process.
“the remedy of judicial estoppel perfectly suits the facts presented.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
After trial, the purchaser was held liable for compensatory damages, attorney fees, and punitive damages for willfully taking estate property in violation of the automatic stay.
“defendants’ motion for summary judgment is denied, Walsh’s cross-motion is denied in part and granted in part, and defendants’ third affirmative defense is hereby stricken.”
The court initiated dismissal of two professional-negligence complaints without prejudice because they did not allege the express trust required for nondischargeability, while allowing amendment.
“Accordingly, debtor’s motion is hereby GRANTED.”
“GMAC’s objection to confirmation of the Debtors’ Chapter 13 plan is hereby DENIED.”
“Gray, Cary seeks an additional $30,000 in fees above their original flat rate to complete this case. That request will be approved”
“ORDER DENYING DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAY ADVERSARY PROCEEDING”
“Accordingly, Mr. Bergeron’s appearance at the § 341 meeting is hereby excused, the order to show cause why this chapter 7 case should not be dismissed is vacated, and the clerk is directed to enter a discharge for Mr. and Mrs. Bergeron forthwith.”
On a court-issued show-cause order, a foreclosure consultant was required to pay actual and exemplary damages for collecting compensation before completing promised services under a noncompliant agreement.
“the Fund’s Motion to Dismiss is hereby denied.”
“The Trustee's request to convert this Motion to one for summary judgment is denied.”
“Accordingly, the defendants are hereby adjudged to have accepted the July 1, 2009 agreement signed by the plaintiffs (Adv. Pro. No. 09 — 4045 AN, Docket No. 20), and are fully bound by the terms thereof.”
A historical record
Judge Newsome 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.