Joseph M. Scott Jr.
How Judge Scott rules, drawn from 9 signed orders. Every observation links to the order it came from.
Judge Scott no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Scott
Joseph M. Scott Jr. served as a United States Bankruptcy Judge for the Eastern District of Kentucky until his retirement on September 30, 2012. He died on July 5, 2016.
How Judge Scott decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the Appalachian Fuels transfer dispute, Scott found that the trustee had not connected the evidence to a reason for the attorneys to suspect the settlement transfer was avoidable.
“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
In In re Brown, Scott found that litigation with the Brown parties would cost more than the estate could gain.
“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
In In re Hurtt, Scott considered the debt apparent on the debtor's schedules rather than overlooking it when assessing Chapter 13 eligibility.
“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.”
A historical record
Judge Scott no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.