John J. Hargrove
How Judge Hargrove rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Hargrove no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hargrove decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Evidence that a debtor retained personal property at the residence, attempted repairs, and consistently intended to return supported treating incarceration as a temporary absence for homestead purposes.
“The Court finds that debtor has always regarded the residence as her home and intended to return to the residence following her incarceration.”
Formal bankruptcy notice must satisfy due process; actual knowledge did not substitute for adequate notice by publication in the individual Chapter 11 case.
“under either scenario the notice by publication that Debtor relies upon was insufficient and does not meet the constitutional requirements of due process.”
Procedural preferences
Counsel seeking or resisting discovery relief should engage in a meaningful meet-and-confer process before asking the court to resolve the dispute.
“The Court finds that Burns did not engage in a meaningful meet and confer which is required under LBR 7026-2”
Cautions
An emergency request for shortened notice should be supported by declaration evidence and a concrete showing of urgency.
“Debtor provides no evidence in the form of declarations in support of its motion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“No hearing will be held and the motion is denied.”
“ORDERED, ADJUDGED, AND DECREED THAT the debt of Michael Altinger to Keith Sluder is nondischargeable pursuant to 11 U.S.C. § 523(a) (6).”
“ORDERED, ADJUDGED, AND DECREED that Keith Sluder does have judgment against Michael Altinger for damages pursuant to California Civil Code § 3336 in the amount of $108,328.96, punitive damages in the amount of $75,000, and prejudgment interest calculated at 7% pursuant to Cal. Const. Art. XV, § 1, from February 7, 2002, until the date of this judgment.”
“The Court grants summary judgment in favor of the trustee.”
“The Court denies the Chapter 7 Trustee's motion for sanctions.”
“IT IS ORDERED THAT the relief sought as set forth on the continuation pages attached and numbered two (2) through 2 with exhibits, if any, for a total of 2 pages, is granted.”
“After considering the pleadings and hearing oral argument, the Court granted the trustee's motion and took the issue of sanctions under submission.”
“Sanctions are therefore appropriate under LBR 7026-2 and FRBP 7037 (a) (4) (A) .”
“For the reasons set forth above, the Court finds the transfers by Debtors were intentionally fraudulent transfers as a matter of law. The Court denies the balance of the motion.”
“Accordingly, Defendant's Emergency Motion is denied.”
“The debtor's Emergency Motion is DENIED.”
“The Court finds that debtor is entitled to her automatic homestead exemption in the amount of $75,000.”
“For the reasons stated above, the Court has approved judgment creditor's alternative order which authorizes the accrual of interest on his judgment liens to the extent they remain on debtor's property.”
“For the reasons stated above, the Court grants the UST's motion to disgorge. No further payment of fees is authorized.”
A historical record
Judge Hargrove 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.