Barbara Ellis-Monro
How Judge Ellis-Monro rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Ellis-Monro decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor communication is assessed as a whole, including its purpose, disclaimers, timing, and whether it seeks personal payment.
“The Court finds that the entire correspondence from Defendant to Plaintiff did not constitute an attempt to collect a debt personally from Plaintiff.”
Procedural preferences
Competing summary-judgment requests are denied when intent remains genuinely disputed and the supporting record is inadequate.
“The Court lacks sufficient facts to grant Summary Judgment to either party.”
Cautions
Self-represented pleadings receive a liberal reading, but the court will not supply missing facts or act as counsel.
“This generous pleading standard does not require the Court to re-write a deficient pleading or otherwise act as de facto counsel for the pro se plaintiff.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff's Motion for Summary Judgment is GRANTED as to Counts I and III of the Complaint;”
“The Motion is GRANTED as to the 11 U.S.C. § 523(a)(6) claim and The Motion is DENIED as to the remaining claims.”
“the Collateral Motion is DENIED.”
“the Motion to Amend Doc. 40 is DENIED.”
“the Motion to Amend DJ Order is DENIED.”
“Plaintiff, holds a claim in the amount of $77,000 but is not entitled to a judgment that the claim is excepted from discharge under 11 U.S.C. § 523(a)(2)(A) or (a)(6).”
“The Court further concludes the Plaintiff is not entitled to a judgment sustaining its objection to Defendants’ discharge under 11 U.S.C. § 727(a)(4)(A).”
“Counts I and II of the Complaint, and claims under § 727(a)(2)(A), (a)(4)(D), and (a)(6) of Count VI of the Complaint are DISMISSED;”
“Defendant’s Motion to Dismiss, construed as a Motion for Judgment on the Pleadings, is DENIED;”
“Plaintiffs Motion for Summary Judgment is DENIED;”
“the Trustee’s Objection to Debtor’s claimed exemption is SUSTAINED;”
“The Department’s mailing of the Final Statement, Letter and Guidelines did not amount to an attempt to collect a debt and no violation of the automatic stay occurred when the Bankruptcy Package was sent to Plaintiff.”
“Accordingly, Plaintiffs tax liabilities for 1993 to 1998 are dischargeable.”
“Defendants’ Motion is DENIED.”
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