Jeffrey R. Hughes

How Judge Hughes rules, drawn from 30 signed orders. Every observation links to the order it came from.

Judge Hughes no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Western District of Michigan
Position
bankruptcy
Status
Retired 2013
Served
2000–2013
Commissioned
2000-01-01
Signed orders read
30

How Judge Hughes decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A creditor’s unexplained post-confirmation payment defaults supplied cause to lift the stay when the Code did not permit another compelled cure.

“equities must always yield to whatever limitations the Code itself imposes”

A debtor’s tax-refund estimate need not be exact, but the schedules should reflect an honest effort based on information reasonably available.

“The integrity of the bankruptcy process rests upon a debtor’s full and honest disclosure of all required information.”

Procedural preferences

A trustee seeking approval of a settlement should disclose enough comparative information for creditors to test the business judgment asserted.

“a trustee must still include within his Rule 9019(a) motion some idea as to what the estate might expect to recover if the settlement were not accepted”

Summary judgment is inappropriate when a material factual dispute remains about the operative recording date.

“a material question of fact remains as to the exact date of that event”

Cautions

A default does not permit relief that the governing law does not authorize.

“The plaintiff must still establish through its complaint and, when required, through the offer of other proofs the factual elements necessary to establish its claim.”

Failure to object timely can leave property outside the estate even when a later settlement would have benefited creditors.

“the settlement proposed was purporting to be something that it was not”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Meoli v. Huntington National Bank (In re Teleservices Group, Inc.)
· 2012-03-30

The bankruptcy judge treated the fraudulent-transfer ruling as a recommendation for district-court review rather than a final judgment. Grounding: “the determinations set forth in this opinion will be incorporated into a report and recommendation.”

Moyer v. Koloseik (In re Sutton)
· 2012-04-27

No bankruptcy-court default judgment entered; the judge instead prepared a recommendation for the district court. Grounding: “no default judgment will enter. Rather, this court will prepare a report and recommendation.”

In re Long
· 2011-07-14
Motion for relief from automatic stay (Cendant Mortgage Corporation) Granted

“The motion is granted.”

In re Mains
· 2011-05-25
Motion for leave to appeal (Debtors) Denied

“The court denies both motions.”

Motion to stay pending appeal (Debtors) Denied
Meoli v. Huntington National Bank (In re Teleservices Group, Inc.)
· 2011-08-17
Motion to amend pretrial order (Huntington National Bank) Granted

“an order granting Huntington’s motion will enter concurrently with this opinion.”

Meoli v. Huntington National Bank (In re Teleservices Group, Inc.)
· 2011-03-17

The opinion supplied trial findings and law of the case but entered no order. Grounding: “No order will enter as a consequence of this opinion because there remain a few unresolved matters.”

In re Hight
· 2010-03-24
Objection to protective proof of claim (State of Michigan) Denied

“The State’s objection is overruled.”

Richardson v. Michigan Bell Telephone Co. (In re Lucre, Inc.)
· 2010-07-20
Summary judgment (Michigan Bell Telephone Company) Denied

“Both motions are denied.”

Summary judgment (Chapter 11 Trustee) Denied
In re Cyberco Holdings, Inc.
· 2010-07-02
Motion for substantive consolidation (Huntington National Bank) Denied

“Both motions are denied.”

Motion for substantive consolidation (Huntington National Bank) Denied
In re Trudell
· 2010-02-19
Objection to exemptions (Chapter 7 Trustee) Moot / procedural

“Trustee’s objection has been rendered moot”

In re Fleming
· 2010-02-19
Motion for turnover (Chapter 7 Trustee) Denied

“Trustee’s motion is denied.”

In re Thomasma
· 2008-11-17

The opinion rejected one technical ground but left the trustee free to continue on bad-faith and concealment theories. Grounding: “Trustee may, if he chooses, continue with his pending objections on these alternative theories.”

A historical record

Judge Hughes 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.