Thomas L. Perkins
How Judge Perkins rules, drawn from 22 signed orders. Every observation links to the order it came from.
Judge Perkins no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Perkins decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In an ordinary-course defense, evidence that unusually late payments followed escalated collection pressure weighed strongly against the creditor.
“What tips the scales in favor of the TRUSTEE is the unusual collection activity that prompted the September 10, 2009, payments.”
Procedural preferences
The court favored completing a full evidentiary process when statutory timing did not expressly remove the power to reconsider an earlier stay ruling.
“The paramount concern is that the adjudication of the issue be a full and fair one that correctly determines the issue on the merits.”
Cautions
A settlement clause purporting to waive future bankruptcy discharge is not enough unless the agreed facts establish every required element.
“A bare waiver of discharge is insufficient.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The petition for administrative expenses filed by NECA-IBEW Pension Fund and NECA-IBEW Welfare Fund is GRANTED in part and DENIED in part;”
“the TRUSTEE’S motion will be granted.”
“the Amended Schedule F filed April 3, 2011, is untimely and must be denied.”
After trial, the court held that two unusually late payments prompted by escalated collection activity were avoidable preferences; the opinion did not decide a motion.
“the Motion to Dismiss Adversary Complaint filed by the Debtor, Chester Shane McVay, is denied.”
“the Chapter 13 Trustee’s objection to confirmation of the Debtor’s plan is sustained and confirmation is DENIED.”
“the application of Northern Grain Marketing, LLC for payment of administrative expenses is DENIED.”
“the Motion for Summary Judgment filed by Northwest Bank & Trust Company is DENIED.”
“The DEBTORS are entitled to judgment on all counts.”
“The motion for summary judgment filed by Illini bank is GRANTED in part and DENIED in part.”
“The motion for summary judgment filed by Tri Ag, Inc., is GRANTED in part and DENIED in part.”
“the Chapter 7 Trustee’s objection to the Debtors’ amended claim of exemption is ALLOWED;”
“the Motion to Dismiss filed by the United States Trustee is DENIED.”
A historical record
Judge Perkins 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.