Joyce Bihary
How Judge Bihary rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Bihary no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bihary decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A party carrying the burden needs concrete record evidence of the steps taken, not a general belief about what an adviser tried to do.
“Unfortunately, this argument was not supported by the evidence presented.”
Procedural preferences
Trustee-only avoidance powers ordinarily remain directed to the collective estate rather than an individual creditor's recovery strategy.
“A trustee’s avoidance powers, including those under Sections 547, 548 and 549 of the Bankruptcy Code, are unique statutory powers intended to benefit the estate, not a single creditor.”
An amendment may be denied when the proposed pleading would fail under the same governing dismissal standard.
“Since Citizens’ proposed amended crossclaim could not withstand a motion to dismiss, its motion to amend the cross-claim is denied.”
Cautions
Mail service does not extend a deadline that runs from a separately defined event rather than from service itself.
“Thus, by its own terms, Rule 9006(f) does not apply to the deadline for filing proofs of claim.”
Indigence does not excuse a litigant from using the straightforward service method the governing bankruptcy rule makes available.
“There was and is no reason that service by mail cannot be perfected by plaintiff under the simple procedures contained in Bankruptcy Rule 7004.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Provident’s motion for relief from the automatic stay is moot.”
“the Court concludes that debtor’s adversary proceeding against Provident and MERS should be dismissed for lack of subject matter jurisdiction”
“the Trustee’s motion to sell avoidance claims to Cadies is DENIED.”
“the Chapter 13 Trustee’s motion to dismiss is granted, and this case is hereby dismissed.”
“debtor’s motion to amend judgment under Fed. R. Civ. P. 59(e) is DENIED.”
“plaintiffs motion for summary judgment on the Note and on the defendant’s setoff claims which lack mutuality is GRANTED, and plaintiffs motion for summary judgment on defendant’s bonus claim is DENIED.”
The court supplied an interim contract interpretation and requested practical implementation proposals before completing the lease dispute.
“Regions’ motion to dismiss the original crossclaim under Rule 7012(b)(6) of the Federal Rules of Bankruptcy Procedure is granted.”
“Since Citizens’ proposed amended crossclaim could not withstand a motion to dismiss, its motion to amend the cross-claim is denied.”
“In accordance with the above reasoning, Defendant’s motion for summary judgment is GRANTED.”
The nonlawyer trustee could appear personally but could not represent the defendant trusts or their beneficiaries.
“plaintiffs motion for partial summary judgment is granted”
“the claim only be treated as a late-filed, unsecured claim.”
“debtor’s motion to extend the time to assume or reject the lease must be DENIED”
“Magnolia’s motion for relief from the automatic stay is GRANTED.”
A historical record
Judge Bihary 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.