Melvin S. Hoffman

How Judge Hoffman rules, drawn from 17 signed orders. Every observation links to the order it came from.

Judge Hoffman no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the District of Massachusetts
Position
bankruptcy
Status
No longer serving
Commissioned
2010-04-16
Signed orders read
17

How Judge Hoffman decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

At the pleading stage, well-supported factual allegations are accepted as true, but legal conclusions and formulaic recitations are insufficient.

“A court must accept as true the factual allegations of the complaint but not the legal conclusions, even if couched as facts.”

Procedural preferences

Bankruptcy deadlines support prompt administration and finality; a creditor with adequate notice cannot reopen a case merely to escape a missed dischargeability deadline.

“The efficient administration of the bankruptcy estate depends on the imposition of deadlines.”

Cautions

A debtor's plan may fail good-faith review when it pays a disproportionate share of joint household expenses and thereby subsidizes a non-filing spouse at creditors' expense.

“the Debtor may not rely on the premarital agreement as justification for taking full responsibility for paying household expenses, effectively subsidizing her husband’s income at the expense of her creditors.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Shemeligian v. Kooyomjian (In re Kooyomjian)
13-04031 · 2013-10-01
Judgment on the pleadings (Catherine Shemeligian) Granted

“Ms. Shemeligian’s motion for judgment on the pleadings is GRANTED.”

In re Gauthier
10-44638 · 2011-11-21
Objection to proof of claim (Roxanne Gauthier) Granted

“I must sustain the debtor’s objection and disallow claim no. 3 in its entirety.”

In re Martin
13-40405 · 2013-10-09
Motion for relief from automatic stay (Green Tree Servicing LLC) Granted

“For these reasons, Green Tree’s motion for relief from stay will be allowed.”

In re Massey
· 2011-07-25
Objection to chapter 13 plan confirmation (Chapter 13 Trustee) Denied

“The Chapter 13 trustee’s objection to plan confirmation is overruled”

In re Mounelaphom
· 2010-10-29
Objection to chapter 13 plan confirmation (Deutsche Bank National Trust Company) Granted

“The bank’s objection to confirmation is sustained.”

In re Tagliavia
· 2013-02-21
Objection to chapter 13 plan confirmation (Chapter 13 Trustee) Granted

“For these reasons I will sustain the trustee’s objection to the debtors’ plan”

In re Lawrence
11-42045 · 2012-05-02
Objection to claimed residence exemption (Chapter 7 Trustee) Denied

“The trustee’s objection, therefore, is OVERRULED.”

In re Walsh
· 2010-12-16
Motion for relief from automatic stay (The Bank of New York Mellon Trust Company) Granted

“Therefore, the bank’s motion for relief from stay will be allowed.”

In re Jones
· 2015-01-07
Motion to avoid judicial lien (Kenneth and Pamela Jones (CACH lien of $13,425.94)) Granted

“The $13,425.94 CACH, LLC lien, recorded on or about June 25, 2009 at the Worcester Registry of Deeds in Book 44481, Page 218, is avoided in full.”

Motion to avoid judicial lien (Kenneth and Pamela Jones (CACH lien of $9,332.79)) Granted

“The $9,332.79 CACH, LLC lien, recorded on or about February 19, 2009 at the Worcester Registry of Deeds in Book 43824, Page 187, is avoided in full.”

Motion to avoid judicial lien (Kenneth and Pamela Jones (Portfolio Recovery Associates lien)) Granted in part

“The $10,752.26 Portfolio Recovery Associates, LLC lien recorded on or about try of Deeds in Book 40311, Page 34, is avoided in part.”

Motion to avoid judicial lien (Kenneth and Pamela Jones (Capital One lien of $2,206.74)) Denied

“The $2,206.74 Capital One Bank, LLC lien, recorded on or about October 16, 2006 at the Worcester Registry of Deeds in Book 39969, Page 276, cannot be avoided because there is no impairment.”

Motion to avoid judicial lien (Kenneth and Pamela Jones (Midland Funding lien)) Granted

“The $7,537.22 Midland Funding, LLC lien, recorded on or about December 15, 2009 at the Worcester Registry of Deeds in Book 45234, Page 156, is avoided in full.”

Motion to avoid judicial lien (Kenneth and Pamela Jones (Palisades Acquisition lien)) Granted

“The $7,513.97 Palisades Acquisition, LLC lien, recorded on or about September 8, 2008 at the Worcester Registry of Deeds in Book 43287, Page 292, is avoided in full.”

Motion to avoid judicial lien (Kenneth and Pamela Jones (Troy Capital lien)) Granted in part

“The $10,769.29 Troy Capital, LLC lien recorded on or about May 28, 2008 at the Worcester Registry of Deeds in Book 42891, Page 98 is avoided in part.”

Motion to avoid judicial lien (Kenneth and Pamela Jones (Capital One lien of $5,818.36)) Denied

“The $5,818.36 Capital One Bank lien, recorded on or about April 25, 2008 at the Worcester Registry of Deeds in Book 42749, Book 243, cannot be avoided because there is no impairment.”

Bettano v. Wells Fargo Bank, N.A. (In re Bettano)
· 2010-12-14
Motion to dismiss complaint (Wells Fargo Bank, N.A.) Granted

“I will, therefore, allow the defendant’s motion to dismiss.”

In re Moise
· 2012-01-17
Objection to claimed savings account exemption (Chapter 7 Trustee) Denied

“The trustee’s objection is, therefore, overruled.”

In re Malden Brooks Farm LLC
· 2010-07-20
Motion to reject executory contract (Malden Brooks Farm LLC) Granted

“the Motion to Reject the Purchase and Sale Agreement will be allowed.”

Caseload & timing

From public federal docket records for this judge.

The five sampled matters were all terminated. Their filing-to-termination durations were 96, 146, 361, 1,241, and 1,401 days; this small fixed sample is descriptive rather than a court-wide caseload measure.

A historical record

Judge Hoffman 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.