Thomas B. McNamara
How Judge McNamara rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge McNamara decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Public access to judicial records required concrete statutory and factual grounds before sealing.
“Public access is a foundational attribute of the Federal Judiciary.”
Expert testimony was excluded where the proposed methodology lacked adequate information and reliable application.
“Mark Dennis simply did not have adequate information or data to reach a conclusion”
Procedural preferences
A subpoena challenge must begin in the district where compliance is required, even when another court issued the subpoena.
“the only place that the Movants initially may pursue the Motion to Quash is in the United States District Court for the Southern District of New York.”
Cautions
A professional who does not obtain approval before serving the estate risks being treated as a volunteer for compensation purposes.
“any professional not obtaining approval is simply considered a volunteer if [he] seeks payment from the estate.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court DENIES, in part, the Motion to Quash.”
“Ms. Irwin has failed to demonstrate that she is entitled to stand before this Court and avail herself of Section 522(f).”
“The statute explicitly provides that the ‘debtor’ may avoid the fixing of a lien against exempt property”
“the Court denies confirmation of the Debtor's Plan for lack of good faith under Section 1325(a)(3).”
“ORDERS that the Trustee’s Objection is OVERRULED to the extent he seeks to require Debtors to include in their Plan”
“the Court DENIES the Motion.”
“the Court GRANTS the Motion to Exclude.”
“The Debtors’ Amended Chapter 13 Plan is DENIED as unconfirmable;”
“Mr. Waring is DISMISSED as a Debtor from this case;”
“SUSTAINS the Debtor’s Second Claim Objection.”
“the Court finds that the underfunding objection and the priority objection are not valid and do not bar confirmation of the Third Plan.”
“ORDERS that all claims asserted by the Debtor in the Complaint are DISMISSED.”
“the Trustee’s Objection is SUSTAINED;”
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Ezel grounds your drafting and research in this profile: what has persuaded Judge McNamara, and what has not, cited to the signed orders.
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