Peter W. Bowie
How Judge Bowie rules, drawn from 26 signed orders. Every observation links to the order it came from.
Judge Bowie no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bowie decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Consistent performance and a full return to unsecured creditors supported allowing plan completion even after a material breach of the five-year term.
“it is in the best interests of both the creditors and each of the debtors to allow them to continue to perform under their confirmed plans.”
A claim owned before bankruptcy and prosecuted after filing remained estate property, requiring the proceeds to be administered for creditors.
“Because the Court finds that the action became property of the estate as of the petition date, the Court grants summary judgment in favor of the trustee”
Procedural preferences
The secured creditor seeking reaffirmation should prepare the agreement and required disclosures because it possesses the necessary account information and receives the benefit of reaffirmation.
“the responsibility to prepare the documents falls on such secured creditor.”
Cautions
When surrendered property will free meaningful income for creditors, a Chapter 7 case may still be dismissed as abusive under the totality of the circumstances even if the mechanical means-test theory fails.
“The core question is whether relief under Chapter 7 would constitute an abuse. The Court finds that it would.”
A default does not create a private damages action to enforce the discharge injunction or the court's contempt authority.
“Because debtor has no private right of action under 11 U.S.C. §§ 524 or 105, she is not entitled to take judgment against SR Financial Services, even by default.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court, therefore, exercises its discretion under the circumstances of these two cases to deny the Chapter 13 Trustee's motions to dismiss in each case”
“the Court finds and concludes that as currently proposed the debtors' Chapter 13 Plan is not confirmable”
The decision held that the absolute-priority rule continued to apply to individual Chapter 11 debtors and continued the stay-relief matter for later proceedings.
“The creditor must forwith return the vehicle to the debtor without charge, or fees, or costs associated with the repossession, storage, or return.”
“the Court will sign an order of confirmation consistent with the foregoing and with the lien strip order”
“the Chapter 13 Trustee's objection to confirmation of debtor's proposed plan in its present form should be sustained and confirmation denied without prejudice.”
“the Court overrules the objections to confirmation filed by the United States Trustee.”
“their Chapter 13 case should be, and hereby is dismissed.”
“the motion to dismiss brought by the United States Trustee under 11 U.S.C. § 707(b)(3) is denied.”
“debtor's request for entry of a default judgment shall be, and hereby is denied.”
“defendant's motion to dismiss is denied as to plaintiffs' first claim for relief, and granted as to the second claim for relief.”
“For the reasons set forth above the Court denies Movant's motion for relief from stay.”
A historical record
Judge Bowie 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.