Howard R. Tallman
How Judge Tallman rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Tallman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tallman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Credible testimony, current plan payments, and a feasible budget supported giving a debtor the opportunity to reorganize.
“In light of these facts, the Court believes the Debtor should be given the benefit of the doubt and have her chance to reorganize under a Chapter 13 plan.”
Procedural preferences
Dispositive motions filed before discovery required caution where the factual record remained undeveloped.
“Dismissal of a case prior to allowing the parties an opportunity to engage in discovery and develop a more complete understanding of the facts and circumstances surrounding the issues raised in an action is a ‘harsh remedy which must be cautiously studied”
Cautions
A dismissal request failed when the moving party did not carry its burden to show abuse under the totality of the circumstances.
“the Trustee has failed to meet his burden in establishing ‘substantial abuse.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“SUSTAINS the Trustee’s objection”
“ORDERED that Trustee’s Motion to Compel Turnover of Property of Estate is GRANTED. Debtor is directed to turn over the sum of $1,112.64 to the Trustee within ten (10) days of the date of this Order.”
“The Motion, as it was originally pleaded, has become moot.”
“That the Debtor’s Second Motion Pursuant to 11 U.S.C. § 363 to Sell Virtually All of Its Assets Outside the Ordinary Course of Business, dated April 29, 2004, is GRANTED.”
“ORDERED that the United States Trustee’s Motion to Extend Deadlines is hereby GRANTED as it related to the Motion to Dismiss Under 11 U.S.C. § 707(b).”
“ORDERED that First Pioneer National Bank’s Motion to Require Trustee to Abandon Property of the Estate is hereby GRANTED.”
“ORDERED that the Discharge of Debt- or issued in case number 03-35716-HRT on April 21, 2004, is hereby REVOKED.”
“ORDERED that judgment shall enter in favor of Jeffrey L. Hill, Trustee, and against Trida Muniz in the amount of $2,389.25 plus the cost of suit in the amount of $150.00 with interest to run from and after the date of judgment at the federal judgment rate.”
“ORDERED that North Valley Bank’s Motion for Relief From Stay is DENIED.”
“For the foregoing reasons, the Trustee’s Motion to Dismiss is DENIED.”
“ORDERED that the Plaintiffs Motion for Summary Judgment is hereby DENIED.”
“For the foregoing reasons, First National’s Objection is DENIED”
“the Debt- or’s Amended Chapter 13 Plan dated January 25, 2006 is CONFIRMED.”
“ORDERED that Congress’ motion for relief from stay is GRANTED.”
“Congress’ Motion to excuse the Receiver’s Turn Over of Airwalk’s Assets is GRANTED”
A historical record
Judge Tallman 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.