JoAnn C. Stevenson
How Judge Stevenson rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Stevenson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Stevenson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A stay-relief request based on lack of equity followed the statutory command once the property was not necessary to an effective reorganization.
“Where there is no equity in the property the stay must be lifted.”
Clear statutory language controlled even when a different result might appear more practical.
“the Court is charged with the responsibility of enforcing the statute as written and to adhere to the canons of construction which do not permit us to look beyond a law that is clear on its face.”
Procedural preferences
Debtors should schedule potentially valuable property and wait for the trustee’s abandonment decision before treating proceeds as their own.
“The Debtors should have disclosed the real property and waited for the Trustee’s decision to abandon or not abandon.”
Summary judgment remained unavailable on claims affected by material factual disputes.
“As to Counts II and III of the Trustee’s Complaint, we are unable to make a determination at this time due to the existence of material factual disputes between the parties.”
Cautions
Equitable authority did not justify overriding the text and intended operation of the Bankruptcy Code.
“But the Bankruptcy Court’s equitable powers are not unlimited and are not a license for the Court to disregard the clear language and meaning of the bankruptcy statutes and rules.”
Fee applications risk reduction when they omit the detail ordinarily expected in bankruptcy practice.
“Attorney Nelson’s Application is not necessarily inadequate, but it lacks the detail that is normally found and is commonplace in bankruptcy.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion for Relief From the Automatic Stay and Entry of Order Waiving the Provision of FRBP 4001(a)(3) is GRANTED.”
The opinion set a later hearing on cause and did not resolve either pending motion. Grounding: “Accordingly, a hearing on the ‘cause’ element prescribed by Section 1307(c) shall be conducted.”
“We find that because the Debtors failed to schedule the real property or the promissory note, they are not entitled to the proceeds therefrom.”
“Consequently, we find that § 726(b) requires mandatory disgorgement of $9,026.59 from the Debtor’s counsel so that the administrative claimants can be paid pro rata.”
“To the extent they are not mutually exclusive, Plaintiff C & G’s Motion to Amend Its Previous Findings of Facts and Defendant’s Motion for Entry of Judgment be and hereby are GRANTED,”
“C & G’s request for attorney’s fees is hereby DENIED,”
“Defendant, CitiCorp Trust Bank’s Motion for Summary Judgment is DENIED;”
“SN Servicing Corporation’s Motion to Dismiss Adversary Proceeding for Lack of Jurisdiction is GRANTED;”
“the Objection of Forbes-Cohen Properties and Newburg-Six Mile L.P. to the Debtor’s Motion for an Extension of Time Within Which Debtor May Assume or Reject Unexpired Leases of Non-Residential Real Property is OVERRULED.”
“It excludes attorneys from its list of professionals who may be compensated for their work from the estate after the appointment of a Chapter 11 trustee.”
“The alleged lien of Chase Manhattan is therefore avoidable by the Trustee.”
“The Trustee’s Motion for Partial Summary Judgment as to Count I of the Complaint is GRANTED.”
“Superior Bank’s Motion for Summary Judgment as to All Counts is DENIED.”
The decision directed unsecured plan treatment but did not identify a party motion or objection to classify. Grounding: “the claim of GreenTree Financial Services is and shall be treated as unsecured under the Debtor’s Chapter 13 plan.”
A historical record
Judge Stevenson 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.