Peter W. Henderson
How Judge Henderson rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Henderson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At summary judgment, a party must identify evidence supporting its position rather than reserve its proof for trial.
“Summary judgment is the ‘put up or shut up’ moment in litigation.”
Procedural preferences
After confirmation, a proposed transaction should be handled through the plan-modification process when it changes plan treatment.
“A confirmed plan is a final judgment.”
Cautions
A Chapter 13 plan dependent on uncertain future income or asset sales will not satisfy feasibility.
“Projections of the income necessary to finance a Chapter 13 plan must be concrete, not speculative.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Debtor’s objection to Claim #4-1 is therefore SUSTAINED.”
“Because the plan may provide for the curing of default through deferred payments, that objection is OVERRULED.”
“The objection to the Debtors’ claim of exemption is OVERRULED.”
“The motion will therefore be granted, and Littmann shall not receive a discharge.”
“The current motion to sell and application to employ, however, were unnecessary and therefore were denied.”
After trial, part of the debt was excepted from discharge and the remainder was discharged; the opinion did not decide a motion.
“Menard’s renewed motion for summary judgment (Doc. #155) is therefore GRANTED and judgment shall be entered in favor of Menard.”
“The Trustee’s cross-motion for partial summary judgment (Doc. #176) is DENIED.”
“The Bank’s motion will be granted by separate order.”
“A separate order granting the Trustee’s motion for partial summary judgment and denying Menard’s motion for summary judgment will be entered.”
“The Trustee’s objection to the Debtor’s plan is therefore overruled in part.”
“The Trustee’s request that the Debtor file an amended Schedule I is well taken and will be granted.”
After trial, the creditor failed to prove fraud and the debt remained dischargeable; the opinion did not decide a motion.
“Judgment will be entered for the Plaintiffs in a separate order.”
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