Gerald H. Schiff
How Judge Schiff rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Schiff no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Schiff decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
After a lengthy avoidance trial, the court rested the result on the plaintiff trust's failure to carry its burden of proof.
“the court's decision came to rest on the requirement of the Trust, as plaintiff, to prove its case by a preponderance of the evidence. This it has failed to do.”
For mixed-use vehicles, the court examined the circumstances at acquisition and the vehicle's contribution to household income.
“If not the most important consideration, a substantial factor in considering the totality of the circumstances is whether the acquisition of the vehicle enabled the debtor to make a significant contribution to the gross income of the family unit.”
Procedural preferences
Nondisclosure barred the debtor's personal pursuit of a claim but did not bar the trustee from administering it for creditors.
“while the Debtor is prohibited by the doctrine of judicial estoppel from asserting the claim against CMH, the Trustee is not.”
The court declined to add a payment obligation that the negotiated settlement did not express.
“the court believes that the Term Sheet is clear and unambiguous and must be interpreted to provide that the Trustees are not required to pay the sum of $325,000 to either Regions or SCO”
Cautions
Transfers kept in the family's practical control and concealed from the trustee supported revocation of discharge.
“The totality of the circumstances clearly establishes that the Debtors were attempting to hinder, delay and defraud their creditors by placing then-property in the names of their children.”
The court applied the specific one-vehicle restriction rather than a broader tools-of-the-trade theory.
“The court concludes that the only sensible interpretation of the Louisiana statute is to allow but one motor vehicle per household to be claimed as exempt.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Motion is DENIED.”
“For these reasons, the Objection to the Coast Guard Claim is SUSTAINED.”
“The Objection to the D & C Claim is therefore SUSTAINED.”
“Accordingly, the Debtor’s Objection to Proof of Claim is hereby DENIED.”
“For the foregoing reasons, the Motion for Summary Judgment filed by Jefferson Pilot is GRANTED and judgment is to be entered dismissing the Complaint with prejudice.”
“This court agrees with the reasoning of both the Seventh Circuit and Judge Dodd and finds that while the Debtor is prohibited by the doctrine of judicial estoppel from asserting the claim against CMH, the Trustee is not.”
“For the foregoing reasons, the court finds that the complaint filed by Eagle Rock must be dismissed.”
“For the foregoing reasons, the JOINT MOTION TO CONFIRM AND APPROVE PERFORMANCE PURSUANT TO SETTLEMENT AGREEMENT filed by the Trustees, Brignac and Bancshares is GRANTED.”
“The MOTION FOR DETERMINATION OF PROPER PAYMENT filed by the Trustees is DENIED AS MOOT.”
“The MOTION TO COMPEL COMPLIANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND MOTION FOR SANCTIONS filed by SCO is DENIED.”
“For that reason, paragraph 2 of LSA-R.S. 20:1 does not apply and the Debtors’ homestead exemption is limited to $25,000.”
“For the foregoing reasons, the Objection is SUSTAINED. The claimed exemptions to the 1995 Freightliner and the 1996 Freightliner are DISALLOWED.”
“Judgment will therefore be entered in favor of Plaintiff finding that the debt owed to Mr. Thibodeaux by Debtor arising from the July 30, 2002 incident which was established in the judgment entered in the 15th Judicial District Court on May 5, 2003, is nondischargeable.”
“Accordingly, the Motion for New Trial is GRANTED IN PART.”
“the court's decision came to rest on the requirement of the Trust, as plaintiff, to prove its case by a preponderance of the evidence. This it has failed to do.”
A historical record
Judge Schiff 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.