Jeffrey P. Norman
How Judge Norman rules, drawn from 11 signed orders. Every observation links to the order it came from.
Judge Norman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Norman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the reviewed fee decision, a concise but case-specific explanation could suffice, while generic boilerplate could not.
“A detailed fee application of contemporaneous time records by time keeper, hours and rate is not required by the Court but generic and boilerplate descriptions are insufficient.”
The Chapter 12 decision placed the burden on the party proposing modification and approved the proposal that met the statutory confirmation requirements.
“The debtor has the burden of proof when seeking to modify a confirmed Chapter 12 plan.”
Procedural preferences
The court expected a modification filing to explain its own factual basis rather than require reconstruction from earlier docket entries.
“The proposed modification should stand on its own without a time consuming and unnecessary ‘find a needle in a haystack’ docket search by the Court.”
The court independently reviewed budgets and plans even when no party objected and the trustee recommended confirmation.
“A Court should independently review all budgets and Chapter 13 plans and ensure that debtors will repay creditors the maximum they can afford.”
Cautions
A plan offering sharply different recoveries to student-loan and general unsecured creditors failed the unfair-discrimination requirement.
“The Court finds that the proposed plan violates the prohibition against unfair discrimination specifically that it proposes a less than 1% distribution to general unsecured creditors and a distribution to two student loan lenders of 23% and 62% respectfully.”
The sanctions request failed after the court concluded that the unauthorized transaction created no enforceable debt and therefore no discharge violation.
“Accordingly, UOwn has not violated the discharge injunction, and no sanctions or damages will be awarded.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The court initiated a review of direct post-petition attorney payments, ordered disgorgement in the case, and established payment procedures for pending Chapter 13 matters. Because the review was court-initiated rather than a disposition of a party's motion, it is retained as context but excluded from motion statistics.
“Therefore, the Court grants creditor Mark W. Hennessy’s motion to modify the Chapter 12 plan as recommended by the Chapter 12 Trustee.”
“All other relief is denied.”
“Therefore, the Court conditionally grants the Motion to Dismiss for Failure to State a Claim”
“allows JH Portfolio to withdraw its claim”
“denies the plaintiff/debtor’s motion to strike”
“The plaintiff may file an amended complaint without leave of court within twenty-one days of entry of this order pursuant to Fed. R. Civ. P. 15(a)(2).”
“ACCORDINGLY, IT IS ORDERED that confirmation of the debtor’s amended Chapter 13 plan is denied.”
“ACCORDINGLY, IT IS ORDERED that Ex Parte Application for Administrative Expenses (ECF No. 40) is denied as moot.”
“ACCORDINGLY, IT IS ORDERED that confirmation of the debtor’s amended Chapter 13 plan is denied.”
“Therefore, the Court has entered an order granting the modification, but expressly finds that debtor’s counsel is not entitled to an attorney fee for its preparation and prosecution of the modification.”
“IT IS HEREBY ORDERED that Debtor’s Ex Parte Application for Compensation and Expense by Attorney for the Debtor [Docket # 15] filed on October 16, 2014 is denied for the reasons stated herein, without prejudice.”
“THEREFORE, IT IS ORDERED that the Motion for Sanctions Regarding Violations of the Discharge Injunction is denied.”
“It is therefore ORDERED that this case is dismissed with prejudice under 11 USC § 109(g) for failure of the debtor(s) to file the 2013 federal income tax return prior to the schedule plan confirmation hearing.”
“ACCORDINGLY, IT IS ORDERED that confirmation of the Debtor’s Chapter 13 Plan (Document No. 32) is denied.”
A historical record
Judge Norman 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.