Shon Kaelberer Hastings
How Judge Hastings rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Hastings decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Clear statutory text controlled the exemption dispute without resort to legislative history.
“When the wording of a statute is clear and free of all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.”
In assessing undue hardship, the court considered both the debtor's long-term income limits and her sustained frugality.
“Given her incredibly modest standard of living, Debtor could not—and cannot—afford to make the payments SLND requires without imposing an undue hardship.”
Procedural preferences
A timely trustee investigation justified extending the discharge-objection deadline and authorizing broad Rule 2004 examinations.
“Debtor has not established undue hardship or injustice which outweighs the Trustee’s interest in completing a thorough investigation of the debtor’s assets and liabilities.”
Cautions
Knowledge that conduct violates a creditor's rights was insufficient for malicious injury without additional aggravating circumstances.
“absent additional aggravated circumstances, his knowledge that he was violating United Pulse’s legal rights is insufficient to establish malice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons provided above, Rapid Funding’s claims and causes of action under 11 U.S.C. § 523(a)(2)(A) and 11 U.S.C. § 727(a)(5) are DISMISSED.”
“Rapid Funding’s request for declaratory relief concerning the validity of Rapid Funding’s claim against Debtors and its interest in Debtors’ real property is DENIED.”
“Since its request for specific performance was based on the validity of its claim, this cause of action is also DISMISSED.”
“Accordingly, the Court denies Debtor Dennis J. Charles a bankruptcy discharge pursuant to 11 U.S.C. § 727(a)(2) and (4).”
“the Trustee’s Motion for Relief under Federal Rule of Civil Procedure 60 and Bankruptcy Rule of Civil Procedure 9014 [Doc. 16] is DENIED”
“the Trustee’s Motion for Summary Judgment [Doc. 12] is DENIED.”
“Debtors’ Motion for Summary Judgment (formerly Motion to Dismiss) [Doc. 11] is GRANTED.”
“The Trustee failed to meet his burden of showing that Debtors’ exemptions are not properly claimed. His objection is OVERRULED.”
“the Trustee’s request to consolidate his objection in this case with the objections on appeal in In re Vranicar, bankruptcy case number 11-30782, is DENIED.”
“the Trustee’s Motion to Extend Time to Object to Discharge is GRANTED.”
“IT IS ALSO ORDERED that the Trustee’s Motion for 2004 Examination is GRANTED.”
“Trustee’s Motion for an Extension of Time to Object to Discharge is GRANTED.”
“Maher’s Motion for Extension of Time to File Objection to Discharge is DENIED.”
“Therefore, IT IS ORDERED that the Trustee’s objection to Debtor’s claim of homestead exemption is OVERRULED.”
“For the reasons below, the motion is granted in part and denied in part.”
“Union State Bank’s objection to confirmation based on feasibility is SUSTAINED.”
“Confirmation of Debtor’s Modified (May 19, 2015) Amended Plan of Reorganization (#4) is DENIED.”
“Debtor/Plaintiff Grayson Lee Hoberg’s Motion for Summary Judgment is DENIED.”
“Defendant State of North Dakota’s Motion for Summary Judgment is GRANTED.”
“For the reasons stated above, it is ORDERED that Horizon’s claims and causes of action under 11 U.S.C. § 523(a)(2) and (a)(6) and 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4) are dismissed with prejudice.”
“For the reasons stated above, Debtor’s discharge is denied under 11 U.S.C. §727(a)(4)(A).”
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