Paul W. Bonapfel
How Judge Bonapfel rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Bonapfel decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A future-claimants representative must bring independence and a demonstrated commitment to protecting people who cannot participate in the case themselves.
“the individual must be not only disinterested and qualified, but also objective, independent, and loyally committed to protecting the interests of future claimants”
Procedural preferences
A party seeking to expand a closed evidentiary record must identify admissible new evidence and explain why it could not have been presented earlier.
“The Court denies the Plaintiffs motion to supplement the record.”
Cautions
Intent-dependent discharge claims are not suitable for summary judgment when material factual disputes remain.
“existence of disputed material facts prevent entry of summary judgment for either party on the § 523(a)(2) claim”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that James L. Patton is appointed as the future claimants' representative in this case.”
“ORDERED that the Debtor’s motion to dismiss is denied.”
“Oppenheimer’s Second Motion for Summary Judgment be, and the same hereby is,. GRANTED.”
“GDHS’s motion for summary judgment is denied”
“the Debtor’s motion for summary judgment is denied in part and granted in part.”
“the Chapter 13 Trustee’s objection be, and it hereby is, OVERRULED”
“the Debtor’s Second Amended Chapter 13 Plan [26] be confirmed.”
“The Abstention Motion [Doc. 17] is DENIED.”
“Debtor’s Motion to Dismiss the Abstention Motion [Doc. 25] is DISMISSED.”
“The Plaintiffs’ Motion to Strike Defendant’s Response to the Abstention Motion [Doc. 31] is DISMISSED.”
“The Plaintiffs’ Motion to Strike the Debtor’s Motion to Dismiss the Abstention Motion [Doc. 32] is DISMISSED.”
“the Debtor’s Motion for Summary Judgment [Doc. 33] are both GRANTED.”
“The Plaintiffs’ Cross-Motion for Summary Judgment [Doe. 19] is DENIED.”
“none of Ms. Allen’s indebtedness to American Express is. excepted from discharge under 11 U.S.C. § 523(a)(2).”
“The Court will, therefore, grant the Trustee’s motions to compel the Parkers to produce their tax returns for the years 2007 and 2008.”
“ORDERED that the Plaintiffs motion for summary judgment is granted.”
“ORDERED that in each proceeding the motion to dismiss is granted.”
“The automatic stay of 11 U.S.C. § 362(a) is modified for cause under 11 U.S.C. § 362(d)”
“The Bank’s objection to the Debtor’s claim of an exemption in prepetition employment wages that are subject to the Bank’s garnishment and its independent claim against the Employer is sustained.”
“The motion is granted to the extent that the Bank’s lien attaches to any wages received by the Debtor or that the Bank claims that its lien attaches to any other property of the Debtor on account of his receipt of any wages.”
“The Court will enter judgment avoiding the lien of the Creditor with regard to all of the Debtor’s property except the Real Property, denying the Debtor’s motion to avoid the lien with regard to the Real Property”
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