Arthur B. Federman
How Judge Federman rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Federman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Federman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A stay-relief movant established standing by producing the original note endorsed in blank and connecting its rights under the deed of trust.
“Here, as stated above, the evidence was that Aurora has possession of the original Note, which it produced at the hearing, and which is endorsed in blank.”
Procedural preferences
Postconfirmation relief was available when later discovery revealed a material surrender that the trustee had not been able to address at confirmation.
“I find that the Trustee’s postconfirmation discovery of the surrender constitutes a changed circumstance warranting a plan amendment.”
Cautions
A proposed plan modification could fail the good-faith requirement when reduced income was used to avoid the applicable commitment period.
“The Debtors’ attempt to use the decrease in their net income to avoid the applicable commitment period is not in good faith as required by § 1329 and § 1325(a)(3).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the following reasons, I find that the debt from the Emergency Services Check is dischargeable but the funds from the April 30 Check are nondischargeable under both 11 U.S.C. § 523(a)(4) and (a)(6).”
“Based on all that, I find that punitive damages are not warranted here.”
“Such Judgment is nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A).”
“the Clerk of Court is ORDERED to enter judgment in favor of the Debtor-Defendant, Robert Joe Leavitt.”
“the Trustee’s Objection to Debtors’ Amended Claim of Exemptions is SUSTAINED as to Annette Montanaro’s claimed exemption in her $3,500 Roth IRA and is OVERRULED as to Carl Montanaro’s exemption in his $5,500 Roth IRA.”
“the Trustee’s Motion to Amend the Plan is GRANTED.”
“ORDER DENYING CONFIRMATION OF THIRD AMENDED CHAPTER IS PLAN”
“the Motion for Relief from Stay filed by Aurora Loan Services, LLC is GRANTED.”
“the motion of Trustee for turnover is DENIED.”
“the Debtor’s Motion to Avoid Lien is GRANTED as to one DVD player, the 27‘ JVC television, the Lawnboy w/ bagger, the Craftsman lawnmower, and the industrial weedeater, and DENIED in all other respects.”
“For the reasons that follow, judgment will be entered in favor of each of the Plaintiffs.”
“The Trustee’s objections to the Debtors’ exemptions in their respective personal injury claims are SUSTAINED.”
“the Trustee’s Objection to Exemptions is OVERRULED.”
Caseload & timing
From public federal docket records for this judge.
No case-duration or motion-timing estimate is reported because the sampled docket records contained no entries and the available baseline lacks a bankruptcy-case denominator.
A historical record
Judge Federman 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.