James F. Schneider
How Judge Schneider rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Schneider no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Schneider decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A large nondischargeability judgment rested on documentary evidence corroborating actual fraud.
“there is overwhelming evidence of Fabian’s actual fraud”
Plan feasibility turned on adjusting expense deductions to reflect the household's actual projected disposable income.
“After subtracting $4,140 from the expenses included on the debtors’ Form B22C, the Court has calculated that the debtors have $937.67 in projected disposable income.”
Procedural preferences
A complaint required factual allegations supporting entitlement to relief, not a bare list of elements.
“a formulaic recitation of the elements of a cause of action will not do.”
Cautions
A trustee seeking more time to object to exemptions had to move within the rule's thirty-day window.
“Federal Rule of Bankruptcy Procedure 4003(b)(1) requires that such a motion to extend the time in which to object to the debtor’s exemptions be filed within 30 days after the conclusion of the meeting of creditors”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the complaint will be granted and the Court will enter a nondischargeable judgment against the Chapter 7 debtor”
“the debtors’ objection will be SUSTAINED and the claim of Pace & Goldston will be DISALLOWED.”
The retrieved attachment addressed marital adjustments and Chapter 13 projected disposable income.
“the objection of the FMC Plan Trust to Moody’s application for an administrative claim in the amount of $45,338.76 will be SUSTAINED and the application will be DENIED.”
“the objection of the judgment debtor to the writ of garnishment will be OVERRULED, except that the garnishee shall remit to the judgment debtor 75% of the garnished funds, namely $14,016.96.”
“the debts alleged to be owed to the plaintiff are dischargeable pursuant to 11 U.S.C. § 727 and no exception under 11 U.S.C. § 523 applies.”
“the plaintiff’s motion will be granted.”
“the plaintiff’s motion will be granted, the defendant’s motion will be denied”
“confirmation of the debtors’ First Amended Plan will be DENIED WITH LEAVE TO FILE AN AMENDED PLAN WITHIN 15 DAYS FROM DATE HEREOF.”
“the motion of SunTrust to dismiss the instant complaint will be DENIED.”
“the motion of Hall Estill must be denied.”
“MEMORANDUM OPINION GRANTING MOTION FOR ORDER CONFIRMING RES JUDICATA EFFECT OF DEFAULT JUDGMENT OF NON-DISCHARGEABILITY”
“GRANTING IN PART AND DENYING IN PART MOTION TO CONFIRM THAT THE AUTOMATIC STAY IS NOT IN EFFECT AS TO THE DEBTOR AND PROPERTY OF THE DEBTOR”
A historical record
Judge Schneider 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.