James A. Pusateri
How Judge Pusateri rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Pusateri no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pusateri decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For a credit-card nondischargeability claim, the court required the creditor to show a reasonable basis for relying on the debtor's implied promise to pay.
“where the debtor charges the card to its limits as soon as it is received, the creditor had to have a reasonable basis for relying on the debtor’s implied promise to pay when the card was issued.”
Procedural preferences
After improper plan solicitation, the court required advance review of future mailings to prevent recurrence.
“counsel shall submit any future mailings to the Court and opposing counsel for comment and approval prior to sending them out to insure no further outbreak of impropriety.”
Cautions
A principal who learns of an unauthorized act must repudiate it promptly or risk being treated as having ratified it.
“Upon acquiring knowledge of his or her agent’s unauthorized act, a principal should promptly repudiate the act, otherwise, it will be presumed that he or she has ratified and affirmed it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The opinion fixed the collateral value at confirmation, but the record did not state enough about the competing requested values to classify which party prevailed.
“Based on this authority, the Court concludes that it must grant the IRS’s motion for summary judgment.”
“For these reasons, these cases will be converted to chapter 7, but on the described basis rather than the terms apparently contemplated by the parties.”
“the post-petition rents are not Balcor’s cash collateral.”
“If any pre-marked ballots are actually received by the clerks office they will not be counted. Finally, though not the norm, counsel shall submit any future mailings to the Court and opposing counsel for comment and approval prior to sending them out to insure no further outbreak of impropriety.”
“The Court therefore concludes that Mrs. Goebel is not entitled to exempt any farm equipment as a tool of her trade.”
“For these reasons, the Court concludes the plaintiff’s claim against both debtors is dischargeable.”
“The court is simply ruling that the stay applies and stay relief for the collection of the support arrearage will not be granted at this time.”
“The court will grant stay relief to allow the state court garnishment order to be enforced to the extent of his current monthly support obligation, now $250 per month, during the pendency of this chapter 13 proceeding.”
“The debtors’ motions to avoid the liens are denied except as to cattle to be used as food for the family within one year.”
“Accordingly, the plan is denied confirmation and the case is ordered dismissed.”
The opinion defined the bank's perfected crop interest but did not state the resulting disposition of its separate stay-relief and dismissal motions clearly enough to classify.
“Accordingly, the filing of a substitute return does not permit the discharge of the taxes for the tax years 1979 through 1983 under 11 U.S.C. § 523(a)(l)(B)(i), and although the Debtors’ liabilities for the tax years 1984 through 1986 are dischargeable, the federal tax liens for those years remain enforceable against the exempt assets of the Debtors’ estate pursuant to 11 U.S.C. § 522(c)(2)(B), (f).”
A historical record
Judge Pusateri 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.