Robert E. Nugent III
How Judge Nugent rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Nugent no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Nugent decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A below-median debtor may extend a Chapter 13 plan beyond three years when the shorter term cannot accomplish permissible secured and required unsecured payments.
“Cause to extend the three-year period is shown when the debtor cannot pay secured and required unsecured debt within the applicable commitment period.”
Procedural preferences
Discharge-objection deadlines and Rule 2004 document procedures are applied as written and require timely diligence.
“Deadlines in the bankruptcy rules mean what they say.”
Cautions
Reconsideration is not a vehicle for repeatedly repackaging a plan or evidentiary presentation.
“A motion to alter or amend is not the appropriate forum to try, for the third time, to explain, clarify, or refine the plan terms.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Engel and Flinn plans comply with § 1325 and are CONFIRMED.”
“The trustee’s objection that Mr. Lazzo’s fees exceed the no-look limit is therefore overruled.”
“NCSLT’s motion is granted, but dismissal of the second count is held in abeyance for 14 days after the entry of this order for plaintiff to amend her complaint accordingly.”
“The Trustee’s objection to her homestead exemption is OVERRULED.”
“The Trustee’s objection to his homestead exemption is SUSTAINED.”
“The motion to reconsider is DENIED.”
“Confirmation of the Joint Plan must be denied.”
“Confirmation of the Joint Plan is denied in Dean’s and Mike’s cases for all of the reasons discussed in this opinion.”
“The UST’s motion for leave to amend the complaint is denied on the basis of futility.”
The court established stay-violation liability but deferred damages to a later evidentiary hearing, so the order is retained outside motion statistics.
“Wade is entitled to summary judgment on her § 523(a)(15) claim and the motion is GRANTED.”
“Confirmation is denied for all the reasons set forth above, but the debtor is granted an additional 21 days from the date of this opinion, to submit a second amended plan, with historical performance data, for further consideration by the creditors and the Court.”
“The Bank’s motion for an extension [Doc. 44] of the 60-day deadline for objecting to discharge or filing a complaint to except a debt from discharge is DENIED for lack of cause.”
“The debtor’s objection [Doc. 59] to the Rule 2004 examination order is SUSTAINED.”
“Marsh’s plan is confirmed as modified at the trial.”
“Cushenberry’s objection to Marsh’s homestead exemption is overruled as is his objection to her motion to avoid his judgment lien.”
“The lien is avoided.”
“Judgment should be entered for Marsh against Cushenberry denying his nondischargeability complaint in toto.”
A historical record
Judge Nugent 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.