Robert Rees Summerhays
How Judge Summerhays rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Summerhays no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Summerhays decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
After stay relief and a state-law sale, the court used the realized sale proceeds rather than a hypothetical replacement value to assess the deficiency claim.
“state law, not section 506(a)(1) or (2), governs the calculation of IberiaBank’s post-sale deficiency claim.”
Administrative expenses could not be charged against collateral where they supported general operations rather than primarily and directly benefiting the secured creditors.
“the Administrative Expense Claimants must establish that the expenses primarily and directly benefited the creditors with a mortgage or lien on the vessels.”
Procedural preferences
The court reset confirmation rather than decide a plan modification on an incomplete record concerning surrendered collateral.
“the court will allow Debtors the opportunity to supplement the record to address Tower Loan’s collateral.”
The court required transaction-specific factual allegations before allowing fraudulent-transfer claims to proceed.
“The allegations in the complaint with respect to the secured loan used to pay the $4 million loan are ‘bare bones’, and provide no details about the relationship between the secured loan and the repayment of the $4 million note, the nature of the collateral that secured the loan, or the value of the collateral.”
Cautions
The court rejected the debtor's explanation that he forgot substantial cash held in a safe-deposit box and revoked the discharge.
“the court does not find it credible that the Debtor simply ‘forgot’ about $70,000.”
In the workers' compensation fund case, injured workers received stay relief only where they could establish an employer-employee relationship.
“The court grants relief from the stay with respect to the enforcement of workers compensation claims where Movants can establish the existence of an employer-employee relationship.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated above, the court overrules the Trustee’s objection to Iberia-Bank’s claim number 13-1.”
The court reset confirmation of a proposed plan modification and required evidence about the identity and condition of collateral to be surrendered.
“For the foregoing reasons, the court enters judgment in favor of the Trustee in the amount of NINETEEN THOUSAND NINE HUNDRED AND NO/100 ($19,-900.00) DOLLARS.”
“Accordingly, the motions for summary judgment submitted by these defendants in 07-5041 and 07-5042 are denied.”
“Based upon the foregoing, the Trust’s Motion for Summary Judgment is GRANTED.”
“For the reasons stated herein, the court grants Thoma-Sea’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.”
“For the foregoing reasons, the court DENIES Defendants’ motion for summary judgment.”
“The court also DENIES Harvest’s cross-motion for partial summary judgment.”
“For the reasons set forth herein, the court DENIES Admiral’s Motion for Summary Judgment.”
“For the foregoing reasons, the court finds for the Trustee on his claim under section 727(d)(1) and orders that the Debt- or’s discharge be revoked.”
“For the reasons set forth herein, the court GRANTS Joyner’s Motion to Compel IN PART, and DENIES the motion IN PART.”
“After considering the summary judgment record, the parties’ arguments, and the relevant authorities, the court GRANTS IN PART AND DENIES IN PART the motion for summary judgment for the following reasons.”
“The court took the motions under advisement and, after considering the parties’ arguments, the Trustee’s complaint, and the relevant authorities, the court GRANTS the defendants’ motions to dismiss IN PART, and DENIES the motions IN PART as set forth herein.”
“The court further GRANTS Brightpoint’s Motion to Dismiss and Rule 12(e) Motion for More Definite Statement.”
“The court further GRANTS the Trustee leave to re-plead his claims.”
“For the foregoing reasons, the court GRANTS the Trustee summary judgment with respect to the elements of his section 547(b) preference claim and the affirmative defenses identified herein. In all other respects, the Trustee’s motion is DENIED.”
A historical record
Judge Summerhays 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.