Benjamin P. Hursh
How Judge Hursh rules, drawn from 2 signed orders. Every observation links to the order it came from.
How Judge Hursh decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A Chapter 13 plan need only have a reasonable chance of success; speculative future setbacks do not defeat feasibility.
“If such speculative inquiries were relevant, it is hard to imagine any chapter 13 plan that would be feasible.”
Procedural preferences
Bad-faith objections require evidence tied to the governing factors rather than a cavalier allegation.
“Allegations of bad faith in connection with the filing of a petition or plan are serious and should not be made cavalierly.”
Cautions
Unsupported owner valuation may receive little weight when the schedules and testimony contain serious inaccuracies.
“While a debtor’s estimate of value may be acceptable in certain cases, the Court may give little weight to an opinion if not based upon sufficient facts.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Dahlman's Objection is overruled”
“Debtor's Third Amended Chapter 13 Plan is confirmed.”
“IT IS ORDERED a separate Order shall be entered, in in conformity with the above, overruling Debtor’s objection and granting Movants’ Motion to Modify Stay.”
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Hursh, and what has not, cited to the signed orders.
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