Wendy L. Hagenau
How Judge Hagenau rules, drawn from 15 signed orders. Every observation links to the order it came from.
Judge Hagenau no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hagenau decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A late-filed tax return may still qualify as a return when it honestly and reasonably supplies the required financial information.
“The inquiry under the fourth prong of the Beard test should focus on whether the filing represents the debtor’s honest and reasonable attempt to disclose the relevant financial data.”
Conversion to Chapter 11 may be appropriate for an individual business debtor when it offers the best structure for resolving debts and distributing available income.
“a Chapter 11 format provides the best mechanism for a full and final resolution for Mr. Gordon of the Proudfoot debt, as well as the other debt remaining.”
Procedural preferences
Vehicle-redemption evidence should address replacement value and the vehicle's actual condition, with the debtor carrying the valuation burden.
“The burden of establishing the value of the property to be redeemed is on the debtor.”
A signature on a related waiver does not replace the required attestation on the security deed itself.
“the attestation of the waiver [of borrower’s rights] cannot be substituted for the proper attestation of the security deed.”
Cautions
A dischargeability complaint must plead more than an implied promise to repay when controlling law requires an actionable representation.
“Continued use of such allegations may subject counsel to sanctions.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Debtor’s Motion for Summary Judgment is GRANTED as to the allegations of false representations and false pretenses and DENIED as to the allegations of actual fraud.”
“the Trustee’s Motion for Summary Judgment as to the enforceability of the Wells Fargo Bank (‘Wells Fargo’) security deed on Debtor’s interest in the real property is granted and Wells Fargo’s Motion for Summary Judgment is denied.”
“the Debtor is permitted to redeem the vehicle by payment of $3,200 to the Respondent in cash within 14 days”
“The Court therefore grants Plaintiffs Motion for Summary Judgment and denies Defendant’s Motion for Summary Judgment.”
“ORDERED the Trustee is GRANTED summary judgment on all counts”
“the Court grants in part and denies in part each of the cross motions”
“The Trustee’s Motion for Partial Summary Judgment is GRANTED.”
“The Court GRANTS the Motion for Relief from Stay by the Credit Union, without prejudice to the Trustee’s right to seek to avoid any lien of the Credit Union as a preference or on any other basis.”
“the defendant’s Motion for Summary Judgment is GRANTED with respect to the tax debt for years 2010 and 2011, and is DENIED with respect to the tax debt for 2002.”
“ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT”
“the court concludes the case should be converted to one under Chapter 11.”
“ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT”
A historical record
Judge Hagenau 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.