Phillip J. Shefferly
How Judge Shefferly rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Shefferly no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shefferly decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Detailed, reliable financial records matter when a debtor seeks a discharge and the record shows a substantial unexplained loss of assets.
“The Debtor’s generalized, conclusory explanation, not backed up by any evidence much less reasonable evidence, is not satisfactory as a matter of law”
Clear contractual text can carry the day when later events satisfy the conditions the parties expressly agreed upon.
“By the plain terms of the JOD, Robert is responsible for 50% of those unpaid debts.”
Procedural preferences
Plan modification is flexible, but it may not be used to reopen a confirmation issue that was or could have been litigated earlier.
“a plan modification cannot relitigate an issue that was litigated or could have been litigated at confirmation”
Cautions
A reorganization plan must account for a nonresidential lease that was deemed rejected when the statutory assumption period expired.
“the Lease was deemed rejected on May 7, 2020 because it was not assumed by the Debtor within 120 days”
A summary-judgment record with unresolved questions about an allegedly forged deed can leave title claims for trial.
“There are lots of fact questions about how and why the Disputed Deed came to be. They will have to be resolved at trial.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court will grant the UST’s motion.”
“the Court awards fees of $37,068.38 and costs of $717.40”
“IT IS HEREBY ORDERED that the Motion (ECF Nos. 31 and 32) is denied.”
“IT IS HEREBY ORDERED that the Debtor’s request for confirmation of the Plan (ECF No. 114) is denied.”
“the Court will grant in part the defendant’s motion to dismiss”
“deny the defendant’s motion for summary judgment”
“grant the trustee’s motion for summary judgment”
“IT IS HEREBY ORDERED that the Debtor’s Motion (ECF No. 44) is denied”
“GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT”
“IT IS HEREBY ORDERED that the Trustee Motion is granted.”
“IT IS HEREBY ORDERED that the Motion (ECF No. 45) is denied.”
“the Court grants in part the plan objections”
“denies the motion to dismiss”
“denies the objection to the proof of claim”
“the Plan Mod cannot be approved under § 1329(b)”
“For the reasons explained, the Court will grant the Motion.”
A historical record
Judge Shefferly 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.