Elizabeth W. Magner
How Judge Magner rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Magner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Magner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor's later extension of new value reduced, but did not eliminate, preference exposure.
“The Trustee is entitled to recover the remaining $144,406.25 in preferential payments made by Sea Bridge, plus legal interest from August 18, 2007.”
Surrender could fully satisfy a claim secured by a vehicle purchased within 910 days of bankruptcy.
“For the above reasons, this Court holds that the Debtor may surrender collateral subject to the hanging paragraph in full satisfaction of Toyota’s claim.”
Procedural preferences
At summary judgment, factual questions about market risk and industry norms required a trial rather than resolution on the papers.
“As a result, summary judgment is denied and this issue is referred to trial on the merits.”
Requests to convert chapters receive close scrutiny when the record indicates concealment, delay, and prejudice to creditors.
“In summary, Debtor did not meet the burden of showing that the Motion to Convert to Chapter 13 was filed in good faith.”
Cautions
Material accounting and claim errors can support compensatory relief, sanctions, and corrective auditing requirements.
“The Court will assess damages in the amount of $10,000.00, plus $12,350.00 in legal fees, for the abusive imposition of unwarranted fees and charges (late fees and inspection costs); the illegal imposition of fees disguised as costs (BPO charges); the negligent imposition of fees and costs not due (legal charges and deposits reimbursed); the improper calculation of escrow payments; the misapplication of payments contrary to the terms of the Note and Mortgage; the failure to notify Debtor of fees and charges on her account; and the improper payment of unnoticed fees and charges during pending bankruptcies.”
Published rulings treated repeated undisclosed postpetition charges as requiring prospective accounting procedures rather than additional punitive damages.
“Any additional award of punitive damages is inconsistent with this position.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“As a result, summary judgment is denied and this issue is referred to trial on the merits.”
“The Trustee is entitled to recover the remaining $144,406.25 in preferential payments made by Sea Bridge, plus legal interest from August 18, 2007.”
“Since new value is calculated at the time Sea Bridge received the bunker, Praxis is entitled to retain the value of the bunker, or $50,593.75.”
“Under the analysis set forth above, confirmation is denied for the plans proposed by the Chauvins, Devilliers, Fretwells, and Piazza.”
“Specifically, because the Chauvins, Fretwells and Piazza claimed, in the calculation of projected disposable income, IRS standard ownership deductions for unencumbered vehicles, confirmation of their plans will be denied.”
“All Objections by the Trustee as to the necessity or reasonableness of the deductions claimed for food, clothing, and other miscellaneous items are denied.”
“With regard to Trustee’s Objection to the deductions claimed by the Chauvins and Guidry for contributions to a qualified retirement account, to the extent the deductions are within the tax deferred limits of the Internal Revenue Code, they will be allowed and the Objection of the Trustee will be denied.”
“Accordingly, the Motion to Convert is denied.”
“The Court will assess damages in the amount of $10,000.00, plus $12,350.00 in legal fees, for the abusive imposition of unwarranted fees and charges (late fees and inspection costs); the illegal imposition of fees disguised as costs (BPO charges); the negligent imposition of fees and costs not due (legal charges and deposits reimbursed); the improper calculation of escrow payments; the misapplication of payments contrary to the terms of the Note and Mortgage; the failure to notify Debtor of fees and charges on her account; and the improper payment of unnoticed fees and charges during pending bankruptcies.”
“In order to rectify this problem in the future, the Court orders Wells Fargo to audit every proof of claim it has filed in this District in any case pending on or filed after April 13, 2007, and to provide a complete loan history on every account.”
“For the reasons set forth above, Wells Fargo will be ordered to return the sum of $16,852.01 in accordance with this Opinion.”
“Debtor’s request for damages incurred as a loss of personal time are denied because he did not prove at trial that he suffered any monetary loss as a result of the time he spent working.”
“this Court will consider an award for sanctions for violation of the automatic stay and its Order of confirmation at a separate hearing.”
“The Court finds that the Savages owe the PLOA a $56,866.39 nondischargeable debt under section 523(a)(4) for embezzling insurance proceeds entrusted to them.”
“The Court finds that the PLOA did not meet its burden of proof under section 523(a)(2)(A).”
“Because the Court bases its findings of nondischargeability on embezzlement only, it will not award attorney’s fees.”
“However, the Court will award federal legal interest from the date of judicial demand as requested in the complaint.”
“The Court finds that the Savages do not have standing to assert the counterclaim. Therefore, their claims against the PLOA are denied.”
“For the above reasons, this Court holds that the Debtor may surrender collateral subject to the hanging paragraph in full satisfaction of Toyota’s claim.”
“For the reasons set forth below, the Court will require Wells Fargo to abide by a modified form of the Accounting Procedures.”
“Any additional award of punitive damages is inconsistent with this position.”
“For the reasons set forth below, the Motions are denied.”
“For the above reasons, the Court does not find the $21,850.00 fee request to be reasonable and awards $3,500.00 in fees.”
“Accordingly, the Court will not award any additional damages.”
“An Order Denying Confirmation will be entered separately.”
A historical record
Judge Magner 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.