James B. Haines Jr.
How Judge Haines rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Haines no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Haines decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A vehicle lender's anti-bifurcation protection depended on whether the secured debt was entirely purchase-money debt rather than a mixture of purchase-money and other financing.
“because the secured claim at issue is comprised of both purchase-money and nonpurchase-money components, it is subject to modification in the debtors’ Chapter 13 plan.”
A trustee could avoid a prepetition credit-card payoff when the debtor controlled the borrowed funds and no earmarking defense applied.
“Adams’s payment to AT & T was not an earmarked transaction. It was a transfer of ‘an interest of the debtor in property’ within the meaning of § 547(b).”
Procedural preferences
The court discouraged anticipatory compliance motions where no dismissal motion had created an actual controversy.
“in the future will decline to entertain such motions, awaiting a § 521(e)(2)(A)(i) or (ii) dismissal motion and joinder of the issues on the merits.”
A properly amended proof of claim retained evidentiary weight absent substantial contrary evidence.
“The Perrons have offered no evidence, let alone substantial evidence, that would deny it that status.”
Cautions
Plans and improvements toward a future home did not establish a present residence exemption in never-occupied land.
“The state’s exemption framework prefers homeowners over non-homeowners, including aspiring homeowners.”
Subjective expectations could not replace the objective creation, perfection, and priority requirements governing consensual liens.
“But providing Caterpillar with pmsi priority based on the parties’ subjective expectations would do violence to Article Nine’s carefully crafted scheme establishing how consensual liens are created, perfected, and prioritized based on objectively cognizable criteria.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons below, I conclude that the trustee may avoid the transfer as a preference.”
“Bank of America’s objection is overruled.”
“FNBBH has first priority claim.”
“FmHA has no rights in the FNBBH certificates of deposit under any other theory.”
“For the reasons set forth above, JPMorgan Chase's motion for relief from stay will be granted.”
“For the reasons set forth above, summary judgment will enter for BFCU.”
“For the reasons set forth above, the trustee’s objection to the debtors’ claim of exemption will be sustained.”
“Pursuant to § 523(a)(2)(A), I conclude that Baietti's debt to Bombardier is nondischargeable *559 in the amount of $25,107.30.”
“It is, therefore, ORDERED that Cumberland County Teachers’ Federal Credit Union pay to the debtor, through counsel, the sum of $ 281.50, or, alternatively, credit that amount against obligations owed by the debtor to the credit union, within 30 days.”
“I will enter the order the debtors seek in these two cases only”
“Thus, Pineau’s obligation arising from infringement of plaintiffs’ copyrights will be discharged.”
“Given the court’s disposition of the § 523(a)(6) complaint, there is no need to liquidate plaintiffs’ claims for damages.”
“the court will not consider issuing the injunction sought on a stand alone basis.”
“the bank’s objection is overruled”
“the debtor’s lien avoidance motion is, after a fashion, granted.”
“a preliminary injunction shall issue, albeit of a less comprehensive scope than plaintiffs request.”
A historical record
Judge Haines 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.