Jack B. Schmetterer
How Judge Schmetterer rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Schmetterer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Schmetterer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A single-asset real-estate reorganization needed concrete financing and a workable timetable; optimistic projections did not substitute for an implementable source of funds.
“There are too many uncertainties, financial and other, to rely on Debtor’s ability to complete its hotel and obtain new financing in time to meet the Plan timetable.”
A child representative's court-awarded fees could qualify as domestic support when the obligation served the child's support and welfare, supporting both nondischargeability and limited stay relief.
“domestic support obligations include debts owed to a Child Representative.”
Procedural preferences
Fraud allegations needed concrete particulars about who acted, what occurred, and when and how it happened; generalized accusations were insufficient.
“the complete lack of particularity in the Complaint requires that this Count be dismissed.”
Postpetition financing was limited to demonstrated estate benefits, and provisions that gave the lender excessive control or burdened another secured creditor were not approved.
“Only certain terms therein are incorporated in the Amended Order allowing a limited priming loan. Some other proposed provisions are not.”
Cautions
A party seeking to alter a judgment needed to identify an error of fact or law; an appeal to general fairness did not justify a reduction.
“Defendant’s argument did not demonstrate either an error of fact or an error of law in the Findings and Conclusions that were entered.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
An amended post-trial judgment declared the disputed account funds subject to a statutory trust for William A. Pope Company and outside the bankruptcy estates.
“For foregoing reasons, Debtor’s Motion to Dismiss will be denied by separate order.”
The court gave the plaintiff notice that three fraud-related counts against one defendant could be dismissed unless she supplied a sufficient response by the next status date.
“Ford’s Motion to Confirm Termination of Automatic Stay will be denied”
“After the Court’s ERISA concern was voiced from the bench, Debtor’s Objection to Claim Number 16 was withdrawn.”
“CenterPoint’s Motion will be granted in part and denied in part by separate order.”
“the Motion of CenterPoint Properties Trust for a stay pending appeal is denied.”
“Debtor will be authorized to borrow from JMB on terms requested only enough to net a total of $2,007,639”
“The Objection of Coman & Anderson, P.C., will be overruled.”
“Nolen owes the entire debt to Community, and that debt will be declared nondischargeable by separate Judgment order.”
“Alfonso Waters’s Motion for Relief from Stay is GRANTED.”
The court addressed its authority to enter final judgment after Stern v. Marshall and directed submission of orders resolving the counterclaims.
“For the foregoing reasons, the Motion will be granted by separate order”
“Debtor's Motion to Dismiss will therefore be denied by separate order.”
A historical record
Judge Schmetterer 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.