Daniel S. Opperman
How Judge Opperman rules, drawn from 3 signed orders. Every observation links to the order it came from.
How Judge Opperman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Material financial changes that were not disclosed supported a finding that the written financial statement was materially false.
“By December, 2006, the Defendant had significant changes in his financial condition that were not disclosed to the Plaintiff.”
Cautions
For willful-injury nondischargeability, intent to commit the act is not enough without the required connection to the resulting injury.
“there is not the necessary nexus between the punch and the consequences of the act”
A creditor's cursory review can defeat reasonable reliance when a financial statement contains obvious inconsistencies and warning signs.
“The red flags are simply too prevalent and worrisome to ignore.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
After trial, the bank's judgment was excepted from discharge because the debtor's materially inaccurate financial statements were made with gross recklessness and reasonably relied upon.
After trial, the claimed assault debt remained dischargeable because the evidence did not establish the required willful and malicious injury.
After trial, the hotel-sale debt was discharged because obvious inconsistencies and a cursory investigation defeated reasonable reliance on the financial statement.
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