Thomas J. Catliota
How Judge Catliota rules, drawn from 3 signed orders. Every observation links to the order it came from.
How Judge Catliota decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court treated the codebtor stay as independent from the automatic stay and voided a foreclosure conducted while the codebtor protection remained in force.
“the Court concludes that the codebtor stay of Section 1301 barred the Respondent from proceeding with a post-petition foreclosure sale of the Debtor’s residence”
Procedural preferences
A debtor seeking approval of a reaffirmation agreement must rebut the statutory presumption of undue hardship with sufficient financial evidence.
“Consequently, the Reaffirmation Agreement will not be approved.”
Cautions
Although filing a continuation statement during bankruptcy may be prudent, the availability of that step does not itself make the filing mandatory.
“But because the current 11 U.S.C. §362(b)(3) allows a creditor to file a continuation statement does not mean the creditor is required to file the continuation statement.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the court concludes that the post-petition lapse of Industrial Bank’s financing statement did not result in Firstrust becoming the senior security interest holder. The court therefore will grant Industrial Bank’s motion for summary judgment”
“For the foregoing reasons, the court will grant Industrial Bank’s motion for summary judgment and deny Firstrust Bank’s cross-motion.”
“For the forgoing reasons, the Court will decline to approve the Reaffirmation Agreement with the lender.”
“For the foregoing reasons the Court finds that Respondent’s foreclosure sale was in violation of the codebtor stay and is void.”
“Accordingly, the Respondent has not articulated a compelling basis to annul the codebtor stay.”
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