William L. Edmonds
How Judge Edmonds rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Edmonds decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A claimed inability to pay is less persuasive when the record shows voluntary unemployment and realistic earning capacity.
“Luetje is voluntarily unemployed, and thus has failed to prove that she does not have the ability to pay the debt.”
Procedural preferences
Reliance on counsel requires full disclosure of the relevant facts and a reasonable belief that the advice is reliable.
“A defense of advice of counsel may overcome an inference of fraud or willful misconduct, but the defendant must show a full disclosure of all relevant facts to the attorney and a reasonable belief that he was receiving reliable advice.”
Cautions
An oversecured creditor should expect requested legal fees to be tested for reasonableness rather than passed through automatically.
“Section 506(b) is not a blank check for oversecured creditors to incur any amount of legal fees and have them paid by the debtor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that Wendy Luetje's obligation to hold David Rothe harmless on the debts to Flex Bank One, National Bank of Iowa, and Gene's Service, as decreed in Equity No. 1889 in the Iowa District Court for Crawford County, is excepted from her discharge pursuant to 11 U.S.C. § 523(a)(15).”
“IT IS ORDERED that the complaint to revoke the discharge of Kevin S. Wandvik is dismissed.”
“IT IS ORDERED that plaintiff’s claims under 11 U.S.C. § 523(a)(2)(A), for larceny under § 523(a)(4), and under § 523(a)(6) are dismissed.”
“IT IS FURTHER ORDERED that Little Family Farms Corporation shall recover from Benjamin Mortensen the sum of $33,081.18. This sum is excepted from his bankruptcy discharge as debt for embezzlement pursuant to 11 U.S.C. § 523(a)(4). Judgment shall enter accordingly.”
“The request for attorney fees will be denied.”
“IT IS ORDERED that the defendant’s motion to dismiss the complaint of the United States of America is denied.”
“IT IS ORDERED that the motion for summary judgment is denied. The clerk shall set a telephonic scheduling conference to pick a trial date.”
“The claim under § 523(a)(2)(C) will be dismissed.”
“claim under § 523(a)(2)(A) should be dismissed.”
“The claim under § 523(a)(2)(B) should be dismissed.”
“IT IS ORDERED that the application is denied.”
The interlocutory ruling disposed of two theories but left other issues for trial.
“IT IS ORDERED that for cause shown this chapter 11 case is dismissed. Judgment shall enter accordingly.”
“Pelgrow's claim against Bates under 11 U.S.C. § 523(a)(2)(A) will be dismissed.”
“Pelgrow's claim under 11 U.S.C. § 523(a)(6) will be dismissed.”
The court conditionally deferred conversion or dismissal to permit a short cure period.
“IT IS ORDERED that the complaint is dismissed. Judgment shall enter accordingly.”
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