A. Jay Cristol
How Judge Cristol rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Cristol no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cristol decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When a judgment lien and a homestead interest attached simultaneously, the homestead interest received priority.
“Under these circumstances, the Court concludes that upon the simultaneous imposition of the Judgment Creditor’s lien and the Debtor’s declared homestead exemption on the Property, the homestead status is entitled to priority and thus, the lien may be avoided under section 522(f).”
Procedural preferences
Completed state proceedings can make requested bankruptcy relief unavailable even when the underlying circumstances are sympathetic.
“At this juncture, however, the Court cannot help this Debtor.”
Cautions
Counsel is responsible for determining the creditor-meeting schedule and ensuring the debtor attends.
“It is incumbent upon an attorney that aspires to represent debtors in this court to find out when the meeting is scheduled, and to have his client there, as required by 11 U.S.C. § 343.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“MEMORANDUM DECISION GRANTING MOTION TO AVOID JUDICIAL LIEN”
“ORDER DENYING AS MOOT MOTION TO REOPEN AND REINSTATE CASE”
“ORDERED AND ADJUDGED that the Motion to Deem Claim of BDO Seidman, LLP as Timely Filed is GRANTED”
“ORDER GRANTING MOTION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE RENT CLAIM TO PROPERTIES OF HAMILTON, INC.”
“The Court denied Leary’s Motion to Dismiss, finding it to be without merit.”
“ORDER GRANTING MOTION FOR ENTRY OF ORDER DIRECTING DEBTOR TO RE-ISSUE STOCK CERTIFICATES”
“ORDERED AND ADJUDGED that the Motion is GRANTED and the case is DISMISSED.”
“ORDERED AND ADJUDGED that the Motion for Sanctions is DENIED.”
“ORDERED AND ADJUDGED that the Motion to Dismiss is DENIED”
“Trustee’s Motion to Revoke Confirmation and Dismiss Case or in the Alternative for Disclosure of Social Security Number is DENIED.”
“Debtor’s Motion for a Determination and/or Clarification that Debtor’s Counsel is Not a Debt Relief Agency as Defined Under 11 U.S.C. § 101(12A) is GRANTED”
“United States Trustee’s Motion To Dismiss Chapter 7 Case Pursuant To 11 U.S.C. § 707(b) is GRANTED and this case is DISMISSED”
“ORDERED AND ADJUDGED that the Objection is SUSTAINED and the Debt- or’s Motion is DENIED.”
A historical record
Judge Cristol 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.