Brian T. Fenimore
How Judge Fenimore rules, drawn from 1 signed order. Every observation links to the order it came from.
How Judge Fenimore decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A common-law setoff can reach the nonexempt portion of a recurring payment while leaving the reasonably necessary exempt portion protected.
“SMB may exercise its right of setoff against the non-exempt portion of each SERP payment until the two loans in question are paid in full, but SMB may not exercise its right of setoff against the exempt portion of each SERP payment.”
Procedural preferences
When several exemption, claim, stay, and confirmation disputes turn on the same payment stream, the court resolves each request explicitly and limits relief to the nonexempt portion.
“The court will grant SMB's motion for relief from the automatic stay only to the extent necessary to allow SMB to set off the non-exempt portion of the SERP payments and deny that motion as to the exempt portion of the SERP payments.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The court will sustain the Shieldses' objections to SMB's claims 4-2 and 5-2 in part for the exempt portion of the SERP payments and overrule those objections in part for the non-exempt portion of the SERP payments.”
“The court will sustain SMB's objection to the Shieldses' claimed exemption in the SERP payments in part for the non-exempt portion of the SERP payments and overrule that objection for the exempt portion of the SERP payments.”
“The court will grant SMB's motion for relief from the automatic stay only to the extent necessary to allow SMB to set off the non-exempt portion of the SERP payments and deny that motion as to the exempt portion of the SERP payments.”
“The court will also issue a separate order overruling SMB's objection to the Shieldses' Chapter 13 plan as moot because the court already denied confirmation of that plan.”
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