Robyn L. Moberly
How Judge Moberly rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Moberly no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Moberly decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 13 debtor need not commit all Social Security income to a plan when the record does not otherwise establish bad faith.
“The Court cannot find a duty under the Bankruptcy Code to offer substantially all of a debtor’s social security income to fund their plan.”
Good-faith review of a Chapter 13 plan focuses on fundamental fairness to creditors under the totality of the circumstances.
“The Debtor has not dealt with this creditor with the fundamental fairness required by the Code and the Court finds that, unless some adjustment is made to the interest rate being paid, the plan would be proposed in bad faith.”
Procedural preferences
A default judgment does not establish nondischargeability when the earlier proceeding used a lower proof standard and did not actually resolve the required fraud elements.
“The issue of Dodd’s fraud was not ‘fairly and fully litigated’ in the Texas courts.”
Cautions
Intentional asset undervaluation and inaccurate sworn testimony can defeat conversion from Chapter 7 to Chapter 13.
“Debtors cannot be permitted to knowingly swear to falsehoods in the hope that they can ‘slide by’ but have the backstop of a chapter 13 conversion to buy time, possibly reconsider their statements of incomes and debt, and attempt to make a plan work.”
Serial filings designed to delay foreclosure can support dismissal with a temporary bar on refiling.
“The Court reaches the inescapable conclusion that this debtor, through William, its member, filed this case in bad faith, warranting this court to impose a 180-day bar on this debtor to refiling a case under any chapter.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Application is granted, with modifications, and the Trustee is authorized to pay Tucker Hester Baker & Krebs, LLC, Interim General Counsel fees in the amount of $34,620 and reimbursement of expenses in the amount of $80.32”
“The Court grants the Debtor’s/Plaintiff’s motion to dismiss, treated as a motion for partial summary judgment.”
“Accordingly, the Court DENIES the Marshalls’ Motion for Summary Judgment.”
The findings concluded that the contractor's incomplete work was not proved fraudulent; the companion judgment supplied the final disposition.
“IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment be and hereby is entered in favor of the Defendants and that the debt owed to the Plaintiffs, Herbert and Karla Dishman, is DISCHARGEABLE.”
“the Court grants the motions to dismiss but will not enter a dismissal order for thirty (30) days to allow the Debtor to convert the case to another chapter.”
“Therefore, the Court SUSTAINS the Trustee’s objection and orders that the Debtor amend his Schedule C accordingly.”
“The Court finds that the assumptions upon which Pinnacle’s appraisal was based were more credible and therefore finds that the value of the Hotel is $19,600,000.”
“For the reasons stated above, Hinchy’s motion is DENIED.”
“The Court, being duly advised in the premises and proper notice having been given and no objections filed, approves said Motion.”
“For the reasons stated below, the Court finds that the value of 21st Century’s secured claim is $39,937 and that 21st Mortgage’s objection is SUSTAINED”
“Savino’s motion for summary judgment is DENIED.”
A historical record
Judge Moberly 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.