John L. Peterson
How Judge Peterson rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Peterson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Peterson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On stay relief, the opposing party had to carry its burden rather than expect the court to construct adequate protection.
“it is not the Court’s duty to try the Debtors’ case or fashion adequate protection on its own”
Procedural preferences
Derivative avoidance authority required a colorable claim and a cost-benefit showing, not proof sufficient for final judgment.
“It is not the Court’s purpose to decide the merits of any avoidance actions herein, only to determine whether a colorable claim that would benefit the estate exists based on a cost-benefit analysis.”
Cautions
Bankruptcy schedules had to provide truthful, accurate, and complete identifying information.
“The primary purpose of § 727(a)(4)(A) is to ensure that dependable information is supplied to those interested in the administration of the bankruptcy estate so they can rely upon it without the need for the Trustee or other interested parties to dig out the true facts through examinations or investigations.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that Montana Bank of Bozeman has no security interest in the Debtors’ 1987 wheat and barley crops.”
“IT IS ORDERED the Clerk shall enter judgment in favor of the plaintiff, Edward Roberts, and against the defendant, Robert Lawrence Turna, in the sum of $23,526.00, and such judgment debt is non-dischargea-ble under 11 U.S.C. Section 523(a)(6).”
“All proceeds paid on promissory note of June 30, 1984, from FN Bancorp, Inc.;”
“All right, title and interest in life insurance Policy No. N82 450 926 issued by The Equitable Life Assurance Society of the United States, including the cash surrender value of said policy;”
“The sum of $25,263.00 for post-petition transfers.”
“The Plaintiff is denied all other relief prayed for in the complaint in this adversary proceeding.”
“IT IS ORDERED the motion of Reece Silve, Sr. for release of funds is denied.”
The Chapter 12 trustee had not obtained authority to pursue the avoidance action; the court allowed time to cure that standing defect.
“IT IS ORDERED the motion of the Trustee to amend the Judgment is denied and this cause is dismissed.”
“IT IS ORDERED a separate Judgment on the merits in favor of the Defendant shall be entered dismissing this adversary proceeding.”
“IT IS ORDERED the motions of the Debtors to avoid liens of Manhattan State Bank and Household Finance Company are denied.”
“IT IS FURTHER ORDERED the request for sanctions by Lyle Ryen are denied.”
“IT IS ORDERED Lasar’s Motion to assume or reject the executory contract is denied.”
“IT IS ORDERED the motion of the Debt- or for leave to file a Chapter 7 proceeding without payment of a filing fee of $90.00 is denied.”
“IT IS ORDERED the Debtors’ motion to avoid liens of Beneficial, filed October 19, 1998, is granted; and Beneficial’s liens on the Debtors’ household goods including a computer, Magnavox 19‘ TV, Phillips VCR, a 7mm Remington Mag, and a Masenberg 12 gauge shotgun are avoided.”
“IT IS ORDERED the motion of Citizens First National Bank for relief from the automatic stay provisions of Section 362 (11 U.S.C. § 362) of the Bankruptcy Code is granted under authority of Section 362(d) and (g) of the Code.”
A historical record
Judge Peterson 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.