Lee M. Jackwig
How Judge Jackwig rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Jackwig decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Whether an obligation is support turns on the state court's intent when the obligation was created.
“the crucial question in each instance remains whether the state court intended the award to be a support obligation”
Procedural preferences
The court granted reinstatement where no party in interest had invoked the statutory dismissal procedure.
“no party in interest has requested the Court enter an order of dismissal pursuant to 11 U.S.C. section 521(i)(2)”
Cautions
A willful discharge-injunction violation accompanied by disregard for the bankruptcy laws supported compensatory and punitive relief.
“Harding willfully violated the discharge injunction and acted with a clear disregard of and disrespect for the Bankruptcy Code”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court enters its decision in favor of Debtor with regard to three portions of Claim 9-3 and to Claim 11-3 and in favor of Defendant with regard to one portion of Claim 9-3”
“The hold harmless provision regarding back tax debt is not a domestic support obligation and will be discharged if Debtor obtains an order of discharge in this Chapter 13 case. Therefore Claim 11-3 is allowed as a general unsecured claim in the amount of $7,497.00.”
“Debtor’s motion must be denied.”
“the Bank has sustained its burden of proving by a preponderance of the evidence that $18,600.00 of the debt in issue is nondischargeable pursuant to section 523(a)(6).”
“Harding willfully violated the discharge injunction and acted with a clear disregard of and disrespect for the Bankruptcy Code”
“entitled to actual damages in the amount of $1,500.00”
“the Court will allow attorney fees in the amount of $9,000.00 for the Marks Law Firm.”
“punitive damages in the amount of $10,000.00.”
“Debtor’s discharge under section 727 does not discharge the $62,641.83 hold harmless debt in issue.”
“The U.S. Trustee has sustained his burden of proving that the Debtors’ discharge should be revoked.”
“Creditors' objection to exemption is overruled.”
“Trustee's 11 U.S.C. section 707(b)(1) motion to dismiss must be denied.”
“the U.S. Trustee’s 11 U.S.C. section 707(b)(1) motion to dismiss must be granted.”
“Debtor’s discharge under section 727 does not discharge the AmeriCredit hold harmless obligation Debtor owes Plaintiff”
“the U.S. Trustee's 11 U.S.C. section 707(b)(1) motion to dismiss must be granted.”
“the motion to dismiss must be granted.”
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