Harry C. Dees Jr.
How Judge Dees rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Dees no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Dees decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor could obtain summary judgment on student-loan dischargeability when unanswered admissions conclusively established the absence of undue hardship.
“The deemed admitted facts are sufficient to establish as a matter of law that the debtor’s student loan debt should be excepted from discharge.”
A mortgage servicer could not mount a collateral attack at the end of a completed plan after confirmation proceeded without objection.
“Any argument Ameriquest now raises, at the conclusion of the plan, concerning prohibitions to modifications in the mortgage provisions is barred by res judicata.”
Procedural preferences
Repeated noncompliance with discovery and trial-preparation orders could justify the severe sanction of dismissal with prejudice when prior leniency had not secured compliance.
“the court determined that dismissal of the complaint against the defendants with prejudice was the only appropriate sanction.”
Fee applications improved when counsel removed unreimbursable items, reduced excessive charges, and supplied enough detail for the court to assess reasonableness.
“B & T has deleted the charges which the court felt were unreimbursable, reduced those charges which the court believed were excessive, and provided sufficient additional information to allow the court to approve the remainder of the fees and expenses requested.”
Cautions
A Chapter 13 plan could not extend beyond the statutory maximum measured from the commencement of payments, even when confirmation occurred later.
“the duration of the plan should be calculated from the commencement of the payments.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“A judgment will be issued, consonant with this .Memorandum of Decision voiding the liens on certain items of property and allowing the liens on other items of property.”
The court required an evidentiary hearing on specified good-faith factors before resolving dismissal and confirmation issues.
“the court finds that the debtor’s Modified Chapter 13 Plan should be CONFIRMED”
“the Trustee’s objection to confirmation is OVERRULED.”
“the court finds that the Defendant obtained a loan from the Bank in the amount of $14,500.00 by materially misrepresenting her debts by more than $22,-000.00 in a written statement on which the Bank reasonably relied, with intent to deceive the Bank”
“The court disagrees with the Defendant’s contention and DENIES the request to strike.”
“The court now approves B & T’s FINAL AMENDED INTERIM APPLICATION FOR ALLOWANCE FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR BARNES & THORNBURG, COUNSEL FOR DEBTOR-IN-POSSESSION, as amended, in the amount of $48,-088 for fees and $12,914 in expenses”
“The court sustains the Credit Union’s objection to the language in the debtor’s CHAPTER 13 Plan”
“the court grants the defendants’ motion to sanction the debtors and dismisses the adversary complaint with prejudice.”
“the court grants summary judgment to ECMC and finds that the student loan debt is not dischargeable.”
“The court denies the debtor’s Complaint to Discharge Student Loan.”
“the court sustains the ‘Objection to Confirmation of Debtor’s Second Amended Plan’”
“denies confirmation of the Second Amended Plan of the debtors George Ellis Musselman and Barbara Ann Mussel-man.”
“the Motion as refiled, with the correct caption for Case Number 05-50394, and entitled ‘Debtor Donald Lee Austin’s Motion to Substitute Voluntary Chapter 7 Petition and for Order Confirming the October 15, 2005 Filing of Debtor Donald Lee Austin’s Voluntary Chapter 7 Petition, and for Order Transferring Case Back to Hammond Division,’ is denied.”
“the Plaintiffs Motion for Partial Summary Judgment, filed by Kramer Consulting, Inc., against Kevin P. McCarthy, is denied.”
A historical record
Judge Dees 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.