James M. Carr
How Judge Carr rules, drawn from 24 signed orders. Every observation links to the order it came from.
How Judge Carr decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A party seeking summary judgment must eliminate genuine factual disputes rather than rely on the existence of a prior default judgment.
“Summary judgment is not appropriate at this time. Genuine issues of material fact, as outlined above, exist.”
Procedural preferences
A dismissal ruling may preserve the claimant’s ability to pursue the dispute in another forum when bankruptcy jurisdiction is absent.
“the claims asserted against Bank are DISMISSED WITHOUT PREJUDICE such that Debtor may pursue such claims in a court of competent jurisdiction”
Cautions
Creditors and government units need reliable systems that promptly stop collection activity after learning of a bankruptcy filing.
“Had IDR communicated clearly with MCSD promptly after the June 15, 2018 petition date that Debtor had commenced a bankruptcy and that MCSD should withdraw all levies and instruct all banks not to act on levies previously issued, then the damage to Debtor would have been avoided.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff’s action under § 727 is hereby DISMISSED.”
“Plaintiff’s request that the Court set aside the Partial Summary Judgment pursuant to Fed. R. Civ. P. 60(b)(6), made applicable by Fed. R. Bankr. P. 9024, is hereby DENIED.”
“Accordingly, the Court concludes that the Judgment Debt is DISCHARGEABLE. The Court will enter judgment in favor of the Defendants.”
“the Court DENIES the Trustee’s Motion and GRANTS the Defendant’s Motion.”
“partial judgment be and hereby is entered in favor of Fecek and against Sallie Mae. Fecek is ordered to pay to Sallie Mae $500.00 per month for 180 months commencing in September 2014 toward the student loan debt. Any amount of the debt in excess of this amount is DISCHARGEABLE.”
“For the foregoing reasons, Debtor’s Motion is GRANTED.”
“judgment shall be and hereby is entered in favor of the Defendant and against the Plaintiff as to the Plaintiff’s 11 U.S.C. § 523(a)(2)(A) claim. Judgment shall be and hereby is entered in favor of the Plaintiff and against the Defendant as to the Plaintiff’s 11 U.S.C. § 523(a)(7) claim”
“Although there may be additional reasons for denial, including issues of state law, the Court DENIES the Motion based on the reasons described in this order.”
“For the foregoing reasons, the Motion is DENIED.”
“the MOTION is granted, and the claims asserted against Bank are DISMISSED WITHOUT PREJUDICE”
“SUSTAINS IN PART AND OVERRULES IN PART the Objection.”
“having determined that Plaintiffs have stated a plausible claim upon which relief can be granted, and being otherwise duly advised, now DENIES the Motion.”
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