Frederick A. Johnson
How Judge Johnson rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Johnson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Johnson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Settlement review focused on protecting the public interest and compliance with environmental and bankruptcy law, without replacing the parties' business judgment.
“It is not the court’s function to substitute its judgment for that of the parties to this proposed agreement, but to assure itself that the settlement adequately protects the public interest and is in accord with relevant environmental and bankruptcy law.”
Procedural preferences
Insider transactions received heightened scrutiny when retroactive priority or equitable relief was requested.
“Transactions between debtor and Noyes, clearly an insider under section 101(30)(B), are ‘subject to greater scrutiny than “arms length” transactions ...’”
Cautions
The court warned that enjoining a letter-of-credit draw after a bankruptcy default could disrupt the broader revenue-bond market.
“If a debtor could file a Chapter 11 petition and obtain an injunction from the bankruptcy court against drawing on the letter it would create havoc in the revenue bond market.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
Proposed findings only; no classified motion outcome was entered.
“insofar as the trustee and/or the sole shareholder of the debtor requests authority to apply to trust fund taxes any tax payments made to the IRS, that request is and must be DENIED.”
“For real estate taxes assessed on April 1, 1988, the City is entitled to payment as a secured creditor, plus interest.”
“on its secured claim, the City is awarded postpetition interest as its only added recovery, but not costs.”
“For taxes assessed prior to 1988, the City is entitled to payment as a first priority administrative expense, plus interest, pursuant to sec. 507(a)(1), as defined under sec. 503(b)(1)(B).”
“on its unsecured claim, the City is entitled to postpetition interest, but not costs.”
“Defendant’s request for a jury trial pursuant to the Seventh Amendment is DENIED.”
“the objections of the former officers and directors must be overruled.”
“the sale of the real estate and the settlement of claims will be approved.”
“The defendant’s ordinary course defense therefore must fail and the trustee will prevail on his complaint.”
Intermediate claim-status ruling; no final priority allowance was entered.
“the twenty-five percent (25%) withdrawal and borrowing right that is property of the estate.”
“this court agrees that the debtor’s spouse’s interest in the debt- or’s account in the amount reflected in the Qualified Domestic Relations Order ($9,560.92) should be applied against the remaining funds in the Plan”
“The debtor’s request for a Preliminary Injunction will be denied”
“the Temporary Restraining Order issued on November 3, 1988 will be vacated.”
“The Court, therefore, is not authorized to approve employment of NEHR”
“or allow compensation to NEHR.”
“this Court’s order of February 28, 1986 authorizing Benny’s employment will be vacated”
“Benny’s application for compensation will be denied.”
“the Trustee’s objection is sustained and Noyes’ claim is disallowed as an administrative claim.”
“this Court must turn back New York’s assault upon State Street’s valid and perfected security interest in the proceeds of the sale of the debtor’s personal property.”
“New York’s request was denied in open court at oral argument.”
A historical record
Judge Johnson 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.