Christopher J. Panos
How Judge Panos rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Panos decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A complaint may proceed past dismissal when detailed facts support a plausible, fact-intensive theory even though proof remains for later stages.
“the Plaintiffs have alleged sufficient facts to state plausible claims at this stage to allow the Plaintiffs to elicit further evidence on this Count.”
Actual notice of a bankruptcy shifts responsibility to the creditor to prevent automated collection activity; lack of specific intent is not a defense.
“where a creditor receives actual notice, ‘the burden shifts to the creditor to prevent violations of the automatic stay’ and there is a presumption that a violation is deliberate.”
A nonconsensual third-party bar order demands restraint and a concrete showing of extraordinary circumstances, fairness, and benefit to the estate.
“the discretion to do so should be exercised with restraint and only in extraordinary circumstances not present in this case.”
Procedural preferences
A trustee must establish that a claim belongs to the bankruptcy estate before prosecuting it on the debtor's behalf.
“the Trustee has legal rights to the malpractice claims only if they are property of the bankruptcy estate under § 541(a)(1).”
An otherwise available federal exemption cannot be denied for bad faith without a statutory basis.
“Application of Siegel, therefore, requires this Court allow the Amendment Motion, as the Court is limited in its authority to deny the Debtor leave to amend his exemptions whether there was bad faith conduct or not.”
Cautions
Repeated noncompliance with discovery and scheduling orders can result in dismissal after warnings and lesser sanctions fail.
“Dismissal with prejudice for violation of [discovery] orders is well within the arsenal of the trial judge.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“As such, the Trustee’s complaint will be dismissed.”
“For the foregoing reasons set forth and the authorities cited herein, the Motion is DENIED.”
“the Amendment Motion shall be granted.”
“the Court does not have to reach the issue of the reasonableness of the proposed settlement and shall deny that motion without prejudice.”
“The Court will enter judgment in favor of C & A and NCA on all Counts against them. Regarding the claims against Coady’s, summary judgment is granted in favor of Coady’s as to the FDCPA and ch. 93A claims and granted in favor of Mr. Petralia as to the § 362(k) claim.”
“the Court grants summary judgment in favor of NCA and C & A on all counts and in favor of Coady’s on the FDCPA and ch. 93A claims.”
“The Court will not award Mr. Petralia punitive damages, however, because Coady’s conduct was not egregious for the reasons set forth above.”
“the Court hereby grants the Dismissal Motion”
“the Court hereby grants the Dismissal Motion and denies the Debtor's Preliminary Motion for Contempt for Violation of Stay”
“Moog’s Motion is granted in part as to Count II, which count is dismissed, and denied in part with respect to Counts I and III—XII.”
“For the reasons discussed below, the Motion is granted in part”
“The Court declines to award punitive damages”
“The Court declines to award punitive damages or enter injunc-tive relief”
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