Thomas H. Fulton
How Judge Fulton rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Fulton no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Fulton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor seeking nondischargeability must prove wrongful intent; a broken promise or contract breach alone is insufficient.
“All that is left to the wronged party is a cause of action for breach, which, in this situation, is fully dischargeable.”
Procedural preferences
Exceptional payment of a prepetition vendor requires proof of necessity and an absence of prejudice to other creditors.
“The Debtor has failed to satisfy this three-prong test to demonstrate that H.D. Smith is a critical vendor and entitled to exceptional treatment.”
Cautions
A party relying on issue preclusion should ensure that the earlier judgment actually decided elements paralleling the Bankruptcy Code standard.
“the prepetition state judgment does not use language that sufficiently parallels the relevant statutory provisions of 11 U.S.C. § 523(a) of the Bankruptcy Code”
A Chapter 13 debtor cannot silently accelerate a plan payoff to avoid later modification when the confirmed plan requires payments over time.
“It is nonsensical to permit a debtor to create unilaterally a new post-confirmation plan that would not be confirmable.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because the transfers to each Defendant total less than $600 in aggregate value, the Court finds that Debtor may not avoid the transfers under § 547(c)(8).”
“For the foregoing reasons, the Court concludes that Plaintiff has failed to meet its burden of proof of demonstrating that Defendant should be denied a discharge of his debt to Plaintiff under 11 U.S.C. § 523(a)(2)(A).”
“At trial, Plaintiff withdrew his claim under 11 U.S.C. § 727(a)(4)(A).”
“For the reasons set forth below, the Court determines that Defendant is entitled to a discharge under 11 U.S.C. § 727 and that Defendant’s debts to Plaintiff are dischargeable.”
“For the foregoing reasons, this Court finds that the debts arising from the monies loaned by the Branns to the Oxfords are dischargeable.”
“Accordingly, the Debtors’ motion is denied without prejudice to its being renewed at a later date.”
“Pursuant to Federal Rules of Bankruptcy Procedure 7054 and 9021 and the Court’s Memorandum-Opinion entered this same date and incorporated herein by reference, the Court finds in favor of PLAINTIFF and ORDERS AND JUDGES that Plaintiff has a first priority equitable lien on the real estate transferred pursuant to the Asset Purchase Agreement for the unpaid portion of the $1,800,000.00 promissory note given by Jack’s Company, LLC (‘Jack’s Company’) as part of the consideration for the purchase of such property, plus costs and attorney’s fees.”
“IT IS HEREBY ORDERED AND ADJUDGED that Debtor’s Motion and Memorandum in Support of Relief Sought from Post Discharge Set Off is DENIED.”
“IT IS HEREBY ORDERED that the Renewed Motion to Allow Certain Post-Petition Payments of Pre-Petition Debt to H.D. Smith, Inc. is DENIED.”
“Pursuant to Federal Rules of Bankruptcy Procedure 7054 and 9021 and the Court’s Memorandum-Opinion entered this same date and incorporated herein by reference, the Court finds in favor of DIANA JEAN ANJUM.”
“Pursuant to Federal Rules of Bankruptcy Procedure 7054 and 9021 and the Court’s Memorandum-Opinion entered this same date and incorporated herein by reference, the Court finds in favor of DEFENDANT.”
“Accordingly, the relief sought by the Plaintiff is DENIED.”
“Pursuant to Federal Rules of Bankruptcy Procedure 7054 and 9021 and the Court’s Memorandum-Opinion entered this same date and incorporated herein by reference, the Court finds in favor of DEFENDANT.”
A historical record
Judge Fulton 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.