Pamela W. McAfee
How Judge McAfee rules, drawn from 10 signed orders. Every observation links to the order it came from.
How Judge McAfee decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An undisclosed inheritance supported postconfirmation modification where the asset would have prevented confirmation if disclosed and the debtor's ability to pay had materially improved.
“The debtors have provided no authority to persuade the court that an undisclosed asset – particularly one that, if known, would have prevented confirmation in the first place – can ‘vest’ at confirmation and therefore be placed outside the jurisdiction of the court.”
Procedural preferences
Where immediate conversion would prematurely resolve strategic questions, the court selected a chapter 11 trustee to provide neutral analysis.
“The court determines in its discretion that in this case, and considering the history of Toppos with this court, appointment of a trustee is the better alternative.”
Cautions
Disclosure and reliance on counsel did not rebut fraudulent intent where multiple badges of fraud remained unexplained.
“relying on the advice of one’s attorney does not somehow cleanse a transfer that is made with actual intent to hinder creditors.”
Statutory text and precedent constrained the claimed exemption despite difficult facts and competing policy concerns.
“it is not the court’s prerogative to attempt to adjust policy, much less to make it, despite the results of that restraint sometimes having hard consequences.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Trustee’s motion for summary judgment is allowed on all the federal and state transfer avoidance claims”
“Mr. Albrecht’s and Ms. Moore’s cross-motion for summary judgment is denied on all claims.”
“the motion to determine that the stay does not apply is ALLOWED.”
“Accordingly, the Motion is ALLOWED, and the Hunsuckers’ Plan is to be modified”
“the Trustee’s objection to confirmation is OVERRULED.”
“the Trustee’s objection to Ms. Hutsell’s claimed exemption in the proceeds of the American General life insurance policy is SUSTAINED.”
“Accordingly, the motion to convert is denied.”
“John C. Bircher III is appointed interim chapter 11 trustee”
“Accordingly, the motion to convert is denied.”
“John C. Bircher III is appointed interim chapter 11 trustee”
“Accordingly, the motion to convert is denied.”
“John C. Bircher III is appointed interim chapter 11 trustee”
“Accordingly, the motion to convert is denied.”
“John C. Bircher III is appointed interim chapter 11 trustee”
“Accordingly, the motion to convert is denied.”
“John C. Bircher III is appointed interim chapter 11 trustee”
Caseload & timing
From public federal docket records for this judge.
Four early matters were terminated and one remained pending; those five case histories contained no retrievable entries. The remaining six matters supplied eleven express contested outcomes.
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