Robert F. Hershner Jr.
How Judge Hershner rules, drawn from 26 signed orders. Every observation links to the order it came from.
Judge Hershner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hershner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A plan's preferential treatment of secured creditors undermined good faith where the accelerated payments benefited the debtors at unsecured creditors' expense.
“The accelerated payment benefits Debtors to the unfair detriment of their unsecured creditors.”
Procedural preferences
Recusal required more than dissatisfaction with prior rulings; alleged bias had to arise from a personal, extrajudicial source.
“The law is clear that a request for recusal based solely on a party’s dissatisfaction with the judge’s rulings against him is not a valid basis to disqualify the judge or to hold that the judge’s impartiality is in doubt.”
Cautions
A debtor who intentionally concealed a personal-injury claim lost the ability to exempt its proceeds.
“The Court is persuaded that the Coulters intentionally and fraudulently attempted to conceal Danny Coulter’s personal injury action and that they must be barred from claiming an exemption in it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court is persuaded that Trustee’s objection to the claimed exemption must be sustained.”
“The Court is persuaded that Plaintiff is entitled to summary judgment.”
“The Court is persuaded that Plaintiffs’ motion for summary must be granted.”
“The Court is persuaded that Movant has received the relief requested and that the motion filed on October 10, 2008, and the amended motion filed on October 27, 2008, are moot.”
“The Court is persuaded that the dispute between Movant and Respondent should be resolved in state court.”
“The Court is persuaded that Respondent must turn over to Movant all income received from Advance Bureau during the pendency of this Chapter 7 case.”
“The Court is not persuaded that Respondent can claim as exempt the income that he receives from Advance Bureau.”
“The Court is persuaded that it must sustain Trustee’s Objection To Confirmation.”
“The Court is persuaded that it should grant Defendant’s motion for relief from the automatic stay to proceed with its remedies under state law.”
After trial, materially false financial statements and reasonable reliance supported nondischargeable judgments for two investors.
After trial, the debtors' mobile home was found to be part of the realty, preserving the mortgage through plan confirmation and discharge.
“The Court is persuaded that Movant’s motion seeking entitlement to the escrow funds held by the escrow agent must be denied.”
“The Court is persuaded that Defendant’s motion to dismiss Plaintiff’s complaint must be denied.”
“The Court is persuaded that Respondent should be sanctioned under Bankruptcy Rule 9011.”
A historical record
Judge Hershner 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.