Jim D. Pappas
How Judge Pappas rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Pappas no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pappas decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A proposed estate professional's practical suitability does not overcome the statutory disinterestedness requirement when the professional is also a creditor.
“Debtor’s selection of this accountant cannot overcome the express prohibitions of the Code disqualifying Hansen Hunter from employment.”
Procedural preferences
When intent and credibility are central, the court may allow targeted discovery before requiring a party to defend against summary judgment.
“Plaintiffs have established to the Court’s satisfaction that the discovery they intend to conduct may elicit evidence that will raise genuine issues of material fact.”
Cautions
A fraud claim may be dismissed with prejudice when it remains insufficient after an earlier chance to amend and no additional supporting facts are identified.
“Because Plaintiff was given a previous opportunity to amend, to no avail, and has not argued that facts exist to support the claim in another amended complaint, the Court declines to grant leave to further amend and the dismissal will be with prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Trustee’s motion for a judgment on the pleadings is denied as untimely.”
“Debtor’s discharge should be revoked under § 727(d)(3) and § 727(a)(6)(A) for his knowing and willful refusal to obey the turnover order.”
“Trustee’s request to retain the $5,000 paid to him by Debtor as liquidated damages is denied.”
“Trustee is entitled to take possession of the Truck, the Trailer, and the Roadstar.”
“Debtor’s Application to Employ Hansen Hunter & Co., P.C., as accountants for the estate, Dkt. No. 239, is hereby DENIED.”
“Creditors’ administrative expense motions, and their respective priority claims, will be allowed in part and disallowed in part”
The court advised the district court that it would approve the parties' stipulation and partially vacate its earlier decision if the matter were remanded.
“Debtor is entitled to recover compensatory contempt sanctions under § 105(a) from Lessor for the reasonable attorneys fees and costs he incurred to enforce the discharge in this Court.”
“Trustee’s motion will be denied in a separate order.”
“Defendant’s motion to dismiss for improper venue will be denied.”
“Plaintiff’s motion to extend time will be granted”
“Therefore, Plaintiff’s motion for partial summary judgment will be granted on these two issues. The Judgment entered in the prior adversary proceeding did not preclusively decide whether Defendant had fraudulent intent when he received the transfers from Chemical, and Defendant specifically disputes that fact in this proceeding. Accordingly, because this material fact remains in dispute, Plaintiff’s motion for partial summary judgment is denied on this issue.”
“The Renewed Motion, Dkt. No. 51, will be granted in part and denied in part.”
“Defendants’ motion for summary judgment is denied without prejudice.”
“Defendants’ motion for attorney’s fees will be granted in part.”
“Because Defendant is protected by its sovereign immunity, the Court may not consider Plaintiff’s claims for relief. For this reason, this adversary proceeding will be dismissed.”
A historical record
Judge Pappas 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.