James P. Smith
How Judge Smith rules, drawn from 29 signed orders. Every observation links to the order it came from.
Judge Smith no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Smith decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For allocating a tax refund between prepetition and postpetition periods, the court used a pro rata-by-days method absent exceptional facts warranting another approach.
“except in such exceptional cases, the Court adopts the pro rata by days method of allocating the tax refund.”
Procedural preferences
A damages claim against the federal taxing authority for violating the discharge injunction required exhaustion of administrative remedies first.
“Debtors must exhaust their administrative remedies before bringing suit in this Court.”
Cautions
A chapter 13 plan failed confirmation when the debtor's actual housing costs were materially below the scheduled expenses and the difference was not committed to the plan.
“the evidence establishes that Debtor has significantly overestimated his expenses and is not contributing to his plan all of his projected disposable income.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
After trial, the court dismissed an involuntary petition filed solely as a collection device where bankruptcy offered no remedy unavailable under state law.
“In summary, all of these factors overwhelming favor abstention to allow the Nevada case to proceed. Accordingly, the motion to abstain will be granted.”
After trial, the bank failed to prove that the debtor knowingly participated in a check-kiting scheme or committed actual fraud.
“Accordingly, the motion to disqualify will be denied.”
“Accordingly, the Court grants Defendant’s motion for summary judgment.”
“Because the property was no longer property of the estate at the time of confirmation and there was no ‘claim’ that could be modified under section 1322(b)(2), the objection to confirmation by ETC is sustained and confirmation of Debtor’s Chapter 13 plan is denied.”
“Plaintiff’s motion for summary judgment is denied in part and granted in part.”
After trial, the creditor failed to prove that its claim was nondischargeable under any asserted statutory ground.
“Defendants’ motion to dismiss will be granted as to Counts One and Two and denied as to Count Three.”
“Guardian’s motion for summary judgment is granted and Trustee’s motion for summary judgment is denied.”
“Accordingly, Partridge’s objections on those grounds are overruled. However, because Debtor is not contributing to his plan all of his projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B), confirmation of the plan is denied.”
“A separate order denying the motion for ‘show cause’ hearing and scheduling a hearing on Debtor’s claim for damages under 11 U.S.C. § 362(k)(1) will be entered.”
A historical record
Judge Smith 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.