Henley A. Hunter
How Judge Hunter rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Hunter no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hunter decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court considered the debtor's full household income when deciding whether a divorce-related property obligation could be paid.
“Considering the debtor’s total community income of $2,599.86 per month, this Court reaches the inescapable conclusion that the debtor can pay his obligations to Roberta for the debts secured by the Suburban and the family furniture within a reasonable time.”
A contractor's false licensing and competence representations supported nondischargeability for the resulting state-court damages.
“But for the Debtor’s misrepresentations, the McCains would not have hired him, and would not have had an unsound construction.”
Procedural preferences
Where the transfer record remained incomplete, the court preserved claims for discovery and trial rather than resolving them summarily.
“On all remaining counts, the Motions for Summary Judgment are denied, and a Scheduling Conference will be set whereby discovery as to the Bay-1 and Bayonne defendants may be expanded at parties’ request”
A discharge objection failed where the creditor did not plead and prove the required elements despite prior warnings.
“the defendant’s Motion to Dismiss the complaint to deny a discharge, which the Court construes as a Motion for Judgment on the Pleadings under F.R.C.P. 12(c), is GRANTED with prejudice.”
Cautions
Deliberate post-discharge collection activity led to compensatory damages, punitive damages, and fee shifting.
“Undeniably, M & M Dodge has malevolently violated the post-discharge injunction of 11 U.S.C. § 524 and the Louisiana Unfair Trade Practices and Consumer Protection Act.”
A state-law obligation to maintain insurance did not by itself establish the fiduciary relationship required by the discharge exception.
“the defendant’s obligation to maintain workers compensation insurance is a state statutory obligation and not a fiduciary duty”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Pursuant to these reasons, the court determines that the debtor’s obligation to pay for the family furniture and Roberta’s Suburban through a Chapter 13 plan, in the total amount of $10,510.13, is non-dischargeable.”
“this Court hereby GRANTS the United States Trustee’s requests to SANCTION the Ms. King a total of $8,500.00 in FINES to be paid to the United States Trustee”
“The defendants ARE HEREBY ENJOINED from further conduct in violation of § 110.”
“this Court ORDERS the IMMEDIATE turnover of all fees to the United States Trustee, a total of $1,859.00”
“A separate and conforming order will enter denying the Motion for Stay and for the Appointment of Experts and Costs.”
“Pursuant to these reasons, the motion is granted in part and denied in part.”
“Pursuant to these reasons, the Objections by the Trustee to the Debtor’s Claims of Exemptions are SUSTAINED.”
“Pursuant to these reasons, the Plaintiffs Second Motion to Compel is Granted in Part and Denied in Part as to the specific sanctions requested.”
“For the reasons previously set forth, the Trustee’s Motion for an Extension of Time to assume or reject is granted.”
“The Debt- or’s Motion to Reject is dismissed.”
“There will be judgment herein in favor of the Walkers and against M & M Dodge, Inc., in the amount of $3,822.75, $10,000.00 in punitive damages, and $10,080.70 for attorney fees and costs.”
“The Walkers’ remaining demands against the Bureau of Credit Control — Alexandria, Inc., are hereby denied.”
“Pursuant to these Reasons, there will be judgment for the plaintiffs.”
“For the foregoing reasons, IT IS ADJUDGED that the objection of Beal Bank, S.S.B., to the Debtor’s Third Amended Disclosure Statement is SUSTAINED, the Motion for Extension is DENIED and the case is DISMISSED effective November 28,1997, unless otherwise ordered by the Court.”
“There will be further judgment in favor of the defendant and against the plaintiff, decreeing the obligations of the Debtor to the IRS non-dischargeable.”
“Pursuant to these reasons, there will be judgment in favor of the defendant dismissing the demands of the plaintiff.”
“Pursuant to these reasons, there will be judgment herein in favor of the plaintiff denying the Debtor a discharge.”
A historical record
Judge Hunter 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.