Edward Bernard Toles
How Judge Toles rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Toles no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Toles decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Unrebutted expert evidence supported the reasonable rental value awarded as an administrative expense.
“Debtor has not offered any expert testimony to rebut Mr. Mura’s testimony as to the fair market rental value of the Premises for the period in question.”
Procedural preferences
A debtor seeking confirmation had to provide accurate schedules and deal fairly with its creditor.
“All these circumstances indicate a lack of fundamental fairness in dealing with their only scheduled creditor.”
Cautions
Possessing contempt authority did not require imposing sanctions in every violation.
“To possess the contempt power, however, does not require that it be exercised.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Motion For Sanctions And Fees filed by V.A. SMITH COMPANY against the above-entitled Debtors be, and the same is hereby denied.”
“the Motion For An Award Of Attorney’s Fees filed by the Debtor, VELLER McCARY, against STAUFFER CHEMICAL CO. be, and the same is hereby denied.”
“the Motion For An Award Of Attorney’s Fees filed by STAUFFER CHEMICAL CO., against the Debtor, VELLER McCARY be, and the same is hereby denied.”
“60 B.R. 21, be and is hereby transferred to the United States Bankruptcy Court for the Western District of Missouri.”
“judgment in the amount of $2,220.68 be, and the same is hereby entered in favor of Plaintiff”
“the Motion of Debtor, UNR, INC., to Dismiss the First Amended Complaint For Relief From Automatic Stay filed by Plaintiff, TRIDENT STEEL CORPORATION, be, and the same is hereby sustained.”
“Plaintiff, TRIDENT STEEL CORPORATION, be, and the same is hereby granted leave to file a Second Amended Complaint”
“the Application for Authority to Approve Classification of Claims or Interests in the LEAVITT STRUCTURAL TUBING CO. Plan of Reorganization be, and the same is hereby allowed.”
“the Application for Payment of Use and Occupancy as an Administrative Expense filed by BARRINGTON INDUSTRIAL ASSOCIATES be, and the same is hereby granted;”
“the stay provided by 11 U.S.C. § 362(a) be, and the same is hereby modified to permit the continuation to final judgment”
“the Complaint For Relief From Automatic Stay filed by Plaintiff, FRANCES CLOSE, against Debtors, UNR INDUSTRIES, INC., be, and the same is hereby denied.”
“judgment be, and the same is hereby entered in favor of Plaintiff, SAMARIA K. ROSS”
“O’Neill’s amended proof of claim filed against Debtor’s estate is disallowed.”
“Plaintiff is entitled to summary judgment upon its dis-chargeability complaint as a matter of law.”
A historical record
Judge Toles 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.