Cynthia A. Norton
How Judge Norton rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Norton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Missouri judgment liens that cloud exempt entireties property may still be avoided when they create a present property interest that threatens the debtor's fresh start.
“this court concludes that CRP's notice of foreign judgment ‘fastened an existent, but presently unenforceable lien’ properly avoided under § 522(f)(1).”
A marital-property exemption turns on the governing documents and concrete incidents of ownership, not merely the label selected on an account form.
“Without a specific disclaimer of the kind noted in Scott v. Flynn (i.e., JTWROS and not TBE) or other strong evidence, the Court cannot conclude that merely checking the JTWROS box was sufficient to defeat the presumption.”
Procedural preferences
A party seeking privileged mediation material must establish substantial need and undue hardship; relevance to an eligibility dispute is not enough by itself.
“The court finds that the Movants have failed to carry their burden in showing substantial need and undue hardship to the extent the Statement contains ordinary work product.”
Cautions
Bankruptcy counsel should investigate feasibility and related proceedings before filing, and fee disclosures must accurately identify the arrangement and source of funds.
“SLF's failure to evaluate the filing, its failure to ensure accurate fee disclosures, and its failure to accept responsibility for this disaster are each alone valid reasons to grant the motions to disgorge.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“this court concludes that CRP's notice of foreign judgment ‘fastened an existent, but presently unenforceable lien’ properly avoided under § 522(f)(1).”
“the Brewers' claim of exemption in the home at 403 Sunny Brook, in Carl Junction, Missouri, is DENIED; the Trustee's objection to the exemption is GRANTED.”
“Since the Trustee bore the burden of proof to defeat the claimed exemption under Rule 4003(c), the Trustee's Objection to the Debtor's Exemption is therefore DENIED.”
“the Court finds that $234,880 of the Transfers are avoidable as a preference under 11 U.S.C. § 547(b).”
“the Court concludes that Premium failed to satisfy its burden of proof that the Transfers were made in the ordinary course of business within the meaning of § 547(c)(2)(C).”
“Premium is entitled to a new value credit in the amount of $177,360, leaving a net of new value liability of $234,880 without consideration of any other defenses.”
“The Court in its discretion denies the request.”
“For these reasons, the Motion to Compel is DENIED without prejudice.”
“ACCORDINGLY, the Trustee's Objection to Exemptions in each case is sustained.”
“The Court therefore grants Mr. Miller's Amended Motion for Summary Judgment, and orders that the MDOC restore the $90.00 to Mr. Miller's account forthwith”
“but declines to impose any other sanction against the MDOC.”
“The court therefore denies Wells Fargo's Motion to Compel.”
“The court concludes as a matter of law that Global has standing to bring this action.”
“The court finds that Mr. Luebbert's reliance on counsel's advice was not reasonable or in good faith”
“The court finds and concludes, based on the foregoing, that Global met its burden of proving that its judgment is a debt for willful and malicious injury by Mr. Luebbert.”
“the evidence falls short of showing that these purported sales were made with the requisite actual intent to hinder, delay, or defraud. Judgment on this count is entered in favor of Defendant David Earl Brown.”
“The Trustee candidly admitted at trial that he did not present evidence that Mr. Brown transferred any property of the estate postpetition, and the Court finds none. Judgment on this count is entered in favor of Defendant David Earl Brown.”
“the Court finds that the Trustee has not met his burden of showing that Mr. Brown's records were inadequate within the meaning of 11 U.S.C. § 727(a)(3).”
“the Court concludes that Mr. Brown's failure to schedule his interest in the farm, his workers' compensation claim, and the other personal property; his failure to disclose transfers of property, along with his false testimony in connection therewith, constitutes a violation of § 727(a)(4)(A)”
“The Trustee has not met his burden of proof with respect to this count. Judgment on this count is entered in favor of Defendant David Earl Brown.”
“Judgment on this count is entered against in favor of the Trustee and against Defendant David Earl Brown denying his discharge under 11 U.S.C. § 727(a)(5).”
“The Court therefore concludes that the Trustee has met his burden of proving a violation of § 727(a)(7). Judgment on this count is entered in favor of the Trustee and against Defendant David Earl Brown.”
“the Motions to Compel of the UST and the USA are GRANTED”
“the Application of SLF for compensation is DENIED”
“Accordingly, the Joint Motion to Approve Settlement is GRANTED.”
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