Paul Mannes
How Judge Mannes rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Mannes no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Mannes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Education and enforcement obligations were treated as support when the agreement and family arrangement showed that function.
“The record allows one conclusion only that the reason the parties set child support at $0.00 was in recognition of their shared physical and legal custody and the sharing of the expenses of their children.”
A prepetition credit agreement did not extend its lien to ordinary post-petition deposits.
“The court finds that the funds deposited post-petition were not cash collateral as defined by 11 U.S.C. 363(a).”
Procedural preferences
Equitable concerns could not rescue a request filed after the rule-based dischargeability deadline expired.
“Had First Union’s motion for enlargement of time been filed at the time of counsel’s discussion with the telephone attendant, the motion would have been timely filed, and the court would have had jurisdiction to grant the motion.”
Cautions
Stay relief followed where the foreclosure was complete before filing and the purported filer lacked written authority.
“Inasmuch as the debtor no longer holds either equitable or legal title to the subject property, cause exists for relief from the automatic stay.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The court held that recent discharge ineligibility under section 1328(f) did not itself bar Chapter 13 eligibility.
“cause exists for relief from the automatic stay.”
The proposed reaffirmation greatly exceeded the vehicle's value and failed the debtor-best-interest standard.
“The motions will be denied.”
The parties' agreement made post-majority education payments support entitled to priority treatment.
“the United States Trustee has sustained his burden and overcome the presumption in favor of granting a discharge. In sum a Chapter 7 discharge would be a substantial abuse of the provisions of chapter 7.”
“Based upon the foregoing, the court finds that dismissal of the adversary proceeding was inappropriate.”
“The Motion for Reconsideration will be denied.”
The court read section 1307(d) as barring post-confirmation conversion from Chapter 13 to Chapter 11 but allowed supplemental briefing.
“The court will grant Plaintiff’s motion for summary judgment.”
“Compensation for expenses is hereby reduced to $2,201.12.”
“the court finds that the trustee was required to disburse the funds which were returned to him according to the Plan, absent timely modification of the Plan by the Debtor.”
A historical record
Judge Mannes 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.