James R. Sacca
How Judge Sacca rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Sacca decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A lender's good-faith transferee defense did not support summary judgment where the record left a genuine dispute about the diligence of its investigation.
“the question of whether Fidelity performed a reasonably diligent investigation—and thus whether it financed the Purchase and received its security deed in good faith—presents a genuine issue of material fact regarding what Fidelity should have known about the avoidability of the Transfer.”
Procedural preferences
A proposed third-party injunction should be described conspicuously and consistently in the plan and related documents.
“had the Debtor complied with Rule 3016(c) to describe its alleged intention, this issue would not be before the Court.”
Virtual participants should enter the hearing room early.
“Join at least 10 minutes before the hearing time.”
Cautions
The court prohibits recording or broadcasting proceedings.
“Pursuant to BLR 5073-1, you are prohibited from recording or broadcasting the proceedings conducted by the United States Bankruptcy Court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that the Debtor’s Objections to Claims Nos. 2 and 3 filed by the Bank are DENIED and the claims are ALLOWED.”
“Mr. Moncada is entitled to damages, including attorney’s fees, pursuant to 11 U.S.C. § 362(k)(1). Mr. Moncada has asked for attorney’s fees of $2,925. This Court finds that an award of attorney’s fees of $2,250 is appropriate for the facts of this case. Furthermore, the Court does not find that an award of punitive damages is appropriate on these facts.”
“ORDERED that the automatic stay of 11 U.S.C. § 362(a) was terminated by operation of law as set forth above on June 26, 2016, so Movant may proceed with its contractual and statutory state law remedies to recover possession of its property and to liquidate any claim it may have for past due rent, but not with respect to the collection of any claim.”
“Regions Partial Motion for Summary Judgment is granted with respect to Count I of the Counterclaim.”
“ORDERED that the Trustee’s and Urstadt’s objection to the Debtors’ exemption is GRANTED and the Debtors may only take the exemptions provided by the Bankruptcy Code in § 522(d).”
“ORDERED that Elite Investor’s Motion to Amend is DENIED.”
“ORDERED that Partnership Liquidity’s Motion to Disqualify is DENIED.”
“ORDERED that Mr. Hurston’s Motion for Summary Judgment is DENIED;”
“FURTHER ORDERED that Mr. Anzo’s Motion for Summary Judgment is DENIED.”
“For these reasons, the Trustee’s objection to confirmation is is granted.”
“ORDERED that AGC’s motion for summary judgment is GRANTED to the extent that the Court concludes the Guaranty is enforceable by AGC against Debtor with respect to debts and obligations of Focus Development arising out of any contracting activities Focus Development may have had in Tennessee during the applicable time, without any monetary limit, subject to any defenses the Debtor may have that have not been disposed of by this Order;”
“ORDERED that the Debtor’s motion for summary judgment is GRANTED to the extent the Court concludes that unjust enrichment is not a contracting activity within the meaning of the Tenn. Code. Ann. § 62-6-102 and, therefore, an obligation for unjust enrichment is not within the scope of the Guaranty and the default judgment for unjust enrichment entered against Focus Development in the First Tennessee Proceedings is not conclusively binding on the Debtor;”
“ORDERED that RES-GA’s Motion for Summary Judgment is DENIED,”
“FURTHER ORDERED that Mr. Roger’s Motion for Summary Judgment is DENIED.”
“ORDERED that the Plaintiffs’ motion to strike the Defendant’s response to their motion for summary judgment is DENIED,”
“FURTHER ORDERED that the Plaintiffs’ motion for summary judgment is DENIED,”
“FURTHER ORDERED that the Defendant’s motion for summary judgment is GRANTED and the Complaint is DISMISSED.”
Caseload & timing
From public federal docket records for this judge.
All five early-service sampled matters terminated. Four lasted from 99 to 169 days and one lasted 1,590 days, producing a median duration of 99 days. This fixed sample is descriptive and does not represent the full caseload.
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