A. Leon Hebert
How Judge Hebert rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Hebert decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor that knowingly permitted continued credit-card use despite possible bankruptcy could not later establish false pretenses from the excess charges.
“the Bank did not insist that the defendant refrain from making any further purchases. Rather, the Bank ratified subsequent purchases, knowing that the defendant might declare bankruptcy.”
A surety's potential liability and later notice of default did not remove retained contract funds from the bankruptcy estate.
“consequently, they are properly part of the debtor’s estate.”
Procedural preferences
A personal trust created under Louisiana law was ineligible to proceed as a Chapter 11 business trust.
“The conclusion is inescapable that the SCR Trust does not meet the requirements of a business trust and therefore cannot be a petitioner in Chapter 11 proceedings.”
Willful defiance of an unstayed bankruptcy judgment supported dismissal of the entire reorganization case.
“The motion is granted insofar as the relief granted to the plaintiffs is the dismissal of the entire bankruptcy case, Case Number 81-00363 on the docket of this Court, thereby lifting the automatic stay.”
Cautions
Material false oaths could deny discharge to the responsible debtor while evidence of coercive dominance protected the other spouse.
“an order will be entered granting the relief sought by Economy as to Roger Gonday, thus denying his discharge pursuant to Section 727(a)(4)(A) of said Title 11, and dismissing the complaint as to Marie B. Gon-day”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“granting the relief sought by Economy as to Roger Gonday, thus denying his discharge pursuant to Section 727(a)(4)(A)”
“dismissing the complaint as to Marie B. Gon-day on the grounds that the plaintiff was unable to sustain its burden of proof as to her.”
“There is no doubt that the Court now has jurisdiction to enforce its judgment.”
“The motion is granted insofar as the relief granted to the plaintiffs is the dismissal of the entire bankruptcy case, Case Number 81-00363 on the docket of this Court, thereby lifting the automatic stay.”
“Dismissal is therefore ordered.”
“this Court will sign an Order dismissing the complaint and discharging the debt at issue.”
“the Court therefore awards defendant’s counsel the sum of One Hundred Fifty Dollars and 00/100 ($150.00) in attorney’s fees and assesses all cost against the plaintiff”
“could not be satisfied by proceedings for a declaratory judgment.”
“consequently, they are properly part of the debtor’s estate.”
“Judgment will be signed for the trustee as prayed for.”
“The request for adequate protection is denied”
“the alternative plea that Seaboard should have its claim treated as an administrative expense is therefore also denied.”
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