Robert Somma
How Judge Somma rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Somma no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Somma decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An unopposed summary-judgment request still required evidence supporting every essential element.
“As the party bearing the burden of proof at trial, BankNorth can prevail on summary judgment only if it supports its motion with evidence as to each essential element of its cause of action.”
Procedural preferences
Chapter 13 cure payments on long-term student-loan debt had to pass through the trustee, while maintenance payments could be made directly.
“the cure payments on student loan claims under the Plan must be made through the trustee and are thus subject to the trustee’s percentage fee”
Cautions
Creditors who acted in a legally uncertain area without a good-faith basis faced compensatory and punitive consequences for violating the automatic stay.
“The Creditors forced the Debtor to obtain from the Court a protection Congress intended as automatic”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Motion is granted and Carlin may proceed to collect the Fee Award from the Retirement Accounts.”
“For the foregoing reasons, the Objection is hereby sustained.”
“It follows that the debt- or must be denied a discharge.”
“No further authorization is needed, and the Trustee is entitled to release of the funds forthwith.”
“the Court will enter a separate order that sustains the Trus *542 tee’s objection by allowing the Town’s claim as a secured claim only and limiting the Town’s recovery to its collateral, at least until after the Town has exhausted that source of recovery.”
“A separate order will enter denying the motion.”
“the Confirmation Motion and the Stay Motion are denied and the Stay Request is granted.”
“the motion of Taratuska for summary judgment is hereby granted”
“the cross-motion of TERI for summary judgment is hereby denied.”
“judgment shall enter dismissing the complaint for determination of nondischargeability”
“denying all requests of the Debtor for sanctions therein.”
“allowing the Debtor’s Motion for Sanctions for Willful Violation of the Automatic Stay to the extent of compensatory sanctions in the amount of $1,000.”
“In the absence of the requisite intent, demonstrated by a preponderance of the evidence, both causes of action fail.”
“the Court orders that the Debtor shall recover from the Creditors the sum of $15,395.69”
“the Homestead Claim is allowed and the Homestead Objections are overruled.”
“the Lien Avoidance Objections and the Plan Confirmation Objections are also overruled to the extent they are based upon the Homestead Objections.”
A historical record
Judge Somma 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.