Joseph M. Scott Jr.
How Judge Scott rules, drawn from 9 signed orders. Every observation links to the order it came from.
How Judge Scott decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A transferee’s defense was strengthened by affidavits and a record that did not connect the known facts to the transfer’s avoidability.
“the Liquidating Trustee has not presented affirmative evidence connecting the dots and demonstrating the attorneys had reason to suspect the Settlement Transfer was a voidable transfer.”
Procedural preferences
A proposed settlement is assessed against likely litigation success, cost, delay, and benefit to creditors.
“The expense of any litigation between the Estate and the Brown Parties would be significant and clearly outweighs any benefit the Estate could realize from such litigation.”
Cautions
Chapter 13 eligibility is tested against the substance of the debtor’s schedules, including facially obvious unsecured portions of scheduled debt.
“Neither the Court nor the debtor is permitted to close its eyes to the obvious, as reflected by the schedules.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“debtors’ motion to declare child tax credit a non-asset of the estate is granted in part and overruled in part pursuant to the well established law of this circuit.”
“IT IS HEREBY ORDERED, that the Motion to Dismiss is SUSTAINED.”
“Based on the foregoing, the United States Trustee’s Motion to Dismiss is GRANTED in the event that the Debtor fails to convert his case to a case under Chapter 13 within 21 days of the date of entry of this Order.”
“The Motion of the Trustee Beverly Burden for Summary Judgment is SUSTAINED, and the Motion of the Defendant The CIT Group/Consumer Finance, Inc. for Summary Judgment is OVERRULED.”
This initial lien-avoidance opinion was retained outside the counts because the court expressly altered it in the later order included below.
“For the foregoing reasons, Bingham Greenebaum’s renewed motion for summary judgment shall be GRANTED.”
“IT IS HEREBY ORDERED that the debtor’s Notice of Removal is hereby VACATED and that the debtor’s Motion to Transfer is hereby DENIED.”
“United Bank & Trust Company’s Motion to Alter and Amend is GRANTED.”
“the Debtor’s Motion for Summary Judgment [Doc. 32] and Bank of America’s Motion for Summary Judgment [Doc. 27] is DENIED and United Bank & Trust Company’s Motion for Summary Judgment [Doc. 30] is GRANTED.”
“the Settlement Motion and the Settlement Agreement, a copy of which is attached as Exhibit 1 to the Settlement Motion, be and they are hereby GRANTED and APPROVED.”
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Scott, and what has not, cited to the signed orders.
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