John K. Olson

How Judge Olson rules, drawn from 17 signed orders. Every observation links to the order it came from.

Judge Olson no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Southern District of Florida
Position
bankruptcy
Status
No longer serving
Commissioned
2006-02-10
Signed orders read
17

How Judge Olson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

The filing of an involuntary petition ordinarily triggers the automatic stay immediately.

“I accordingly find that, as a general rule, unless an exception applies, the filing of an involuntary petition under § 303 immediately imposes the automatic stay under § 362(a).”

Procedural preferences

The sanctions safe harbor is enforced according to its full filing period.

“MMS filed the Motion for Sanctions upon Gleason on November 29, at 9:41 am, too early regardless of the method Gleason might have used to amend or withdraw his offending pleading.”

Cautions

Late corrective disclosures do not necessarily erase intentional omissions.

“Honesty after one is caught is honestly not honesty.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In Re Pink Moon Enterprises, LLC
11-16907-JKO · 2011-03-25
Motion for relief from stay (Deerfield 21 Corporation) Granted

“Deerfield 21 Corporation’s stay relief motion [ECF No. 7] is GRANTED;”

In Re SNP Boat Service SA
10-18891-JKO · 2011-06-30
Motion for protective order (foreign representative) Denied

“Denying Foreign Representative’s Motion for Protective Order [ECF No. 179]”

Motion to entrust vessel to foreign representative (foreign representative) Denied

“Denying Foreign Representative’s Motion to Entrust M/Y Sixty Five to Foreign Representative [ECF No. 37]”

Motion for sanctions (Hotel le St. James) Granted in part

“Granting in-Part & Denying in-Part Creditor Hotel le St. James’ Compound Motion for Sanctions, etc. [ECF No. 184]”

In Re Perlman
11-41597-JKO, 12-15677-JKO, 12-14141-JKO · 2012-04-05
Request for approval of reaffirmation agreement (Matthew Perlman and American Honda Finance Corp.) Denied

“filed by Debtor Matthew Perlman at ECF No. 36 is Disapproved;”

Request for approval of reaffirmation agreement (BMW Financial Services NA, LLC) Denied

“filed by lessor BMW Financial at ECF No. 22 is Disapproved.”

Request for approval of reaffirmation agreement (Lidia Gibert and American Honda Finance Corp.) Denied

“filed by Debtor Lidia Gibert ECF No. 16 is Disapproved.”

Request for approval of reaffirmation agreement (American Honda Finance Corp., Case No. 12-15677-JKO) Denied

“filed by lessor American Honda at ECF No. 18 is Disapproved.”

Request for approval of reaffirmation agreement (American Honda Finance Corp., Case No. 12-14141-JKO) Denied

“filed by lessor American Honda at ECF No. 10 is Disapproved.”

In Re Zaldivar
10-34719-BKC-JKO · 2011-01-25
Motion to value (debtor) Granted

“the Debtor’s motion to value [ECF No. 56] is GRANTED;”

In Re Broward Kitchens & Baths, Inc.
06-14670-JKO · 2010-05-19
Objection to claim (Chapter 7 trustee) Granted in part

“The Trustee’s Objection to Claim # 1 of Creditor Ralph Holden [DE 63] is SUSTAINED IN PART AND OVERRULED IN PART.”

In Re Osejo
10-31218-BKC-JKO · 2011-02-24
Objection to homestead exemption (Chapter 7 trustee) Granted

“The Trustee’s objection at ECF No. 52 is accordingly SUSTAINED.”

In Re Agustin
10-49243-JKO · 2011-06-27
Motion to extend mortgage beyond plan (debtors, ECF No. 59) Denied

“The Debtors’ motions to *621 extend their mortgages beyond the life of their Chapter 18 Plan [ECF Nos. 59 & 61] are accordingly DENIED.”

Motion to extend mortgage beyond plan (debtors, ECF No. 61) Denied
Gary J. Rotella & Associates, P.A. v. Bellassai (In Re Bellassai)
08-27024-BKC-JKO · 2011-05-20

The trial decision is retained for context but excluded from motion-outcome statistics.

Kapila v. H.J. Heinz Co. (In Re Trafford Distributing Center, Inc.)
08-17800-JKO · 2009-09-01
Motion to strike affidavits (Chapter 7 trustee) Denied

“the Trustee’s Motion to Strike Affidavits of Susan Scott is denied”

Motion to amend answer (Chapter 7 trustee) Granted

“the Trustee’s Motion to Amend his Answer to Defendant’s Counterclaim is granted”

Summary judgment (Chapter 7 trustee) Granted in part

“the cross-motions for summary judgment are granted in part and denied in part.”

Summary judgment (H.J. Heinz Company, L.P.) Granted in part
In Re Patasnik
10-15198-BKC-JKO · 2010-04-02
Request to waive credit counseling (debtor) Denied

“Mr. Patasnik is not excused from the § 109(h)(1) credit counseling requirement because incarceration is not a ‘disability’ under § 109(h)(4);”

In Re Piazza
10-40807-JKO · 2011-09-29
Motion for reconsideration (debtor) Denied

“the motion for reconsideration [ECF No. 47] is DENIED.”

In Re New River Dry Dock, Inc.
06-13274-JKO · 2011-03-31
Motion for sanctions (Maritime Management Services, Inc.) Denied

“Denying Motion for Sanctions [ECF. No. 550]”

A historical record

Judge Olson 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.