Richard N. DeGunther
How Judge DeGunther rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge DeGunther no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge DeGunther decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A low unsecured-creditor dividend did not defeat confirmation when the plan devoted meaningful payments to curing a home-mortgage default and matched the debtors' ability to pay.
“The payments to unsecured creditors are not a critical feature of the plan. The Debtors might just as well have proposed 0% payments to unsecured creditors.”
Procedural preferences
A recorded notice did not elevate an unsecured claimant without compliance with the statute that perfected liens against real estate.
“Therefore, the Court finds that Barker and Lieblieh hold an unsecured, not a secured claim.”
Cautions
Conversion was denied where repeated valuation and disclosure inconsistencies undermined the debtors' stated repayment purpose.
“The Debtors’ schedules are fraught with discrepancies.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I conclude the plan should be confirmed.”
“ORDERED that Sears, Roebuck and Co.’s Motion to Compel is DENIED.”
“For these reasons, the Motion of the Chapter 13 Trustee to Dismiss the above-captioned case should be granted.”
“The Motion of the Debtors, Walter and Wendi Lesniak, to Convert Case to Chapter 13 should be denied.”
“C & H’s Motion Objecting to Rejection of Executory Contracts or in the Alternative to Provide Lessee with Relief Pursuant to 11 U.S.C. § 365(h)(l)(A)(ii) should be granted to the extent that C & H should be permitted to retain its rights as provided under Section 365(h)(l)(A)(ii).”
“Barker and Lieblich’s Motion to Reconsider Judgment should be denied.”
“for purposes of Section 523(a)(15)(A), the income of the present spouse should not be considered, but for purposes of Section 523(a)(15)(B), the income may be considered under the totality of circumstances.”
“the above-captioned case is reopened.”
“Attorney Lee should submit an Order in accordance with this Memorandum Opinion, within five days, allowing an exemption for the fax machine, copier, desk, chair, and file cabinet, but disallowing an exemption for the gas welder, eight air jack stands and the bank accounts.”
“ORDERED that the Chapter 13 Trustee’s Motion to Modify Chapter 13 Plan is DENIED.”
“Therefore, for the additional services performed beyond those contemplated in standing Order # 5, a generous $1,500.00 is allowed, bringing the total fee allowance to $2,300.00.”
“The Objection of the Chapter 7 Trustee, Stephen G. Balsley, to Exemptions should be sustained.”
A historical record
Judge DeGunther 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.