Thomas L. Saladino
How Judge Saladino rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Saladino decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor seeking grain-proceeds priority must establish perfection under the governing commercial law; an unperfected state-law lien does not receive the claimed priority.
“The Texas Producers’ state statutory liens are unperfected and thus do not provide the Texas Producers with the level of priority they believe they are entitled to.”
Procedural preferences
The court applies claim and issue preclusion to prevent a later adversary complaint from relitigating priority questions already reduced to a final judgment.
“The complaint is dismissed on the grounds of res judicata.”
Cautions
A nondischargeability plaintiff must prove both a qualifying misrepresentation and justifiable reliance; failure to investigate obvious warning signs can defeat the claim.
“She failed to fulfill her duty to investigate the representations made and to perform due diligence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED: The reclamation claims of Elliott AGCO (Fil. No. 116), Kyle Miller (Fil. No. 342), Michael and Cole Bilbro (Fil. No. 321), Campbell Farming (Fil. No. 322), Double J Farms (Fil. No. 323), and E & J Farms (Fil. No. 324) are denied.”
“The Rule 12(b)(6) motion to dismiss for failure to state a claim filed by defendant Archer-Daniels-Midland Co. (Fil. No. 8) is granted.”
“The amended motion to dismiss under Rule 12(b)(6) filed by defendant Heartland Bank (Fil. No. 16) is granted.”
“The Texas Producers’ state statutory liens are unperfected and thus do not provide the Texas Producers with the level of priority they believe they are entitled to.”
“Their secured operating lenders do not have priority interests in proceeds.”
“Any claimant alleging a claim for equitable subordination is not a valid claim to the grain or its proceeds and is denied for purposes of these § 557 Procedures.”
“IT IS ORDERED: Heartland Bank’s motion for summary judgment (Fil. No. 10) is granted.”
“The plaintiff’s complaint objecting to discharge under 11 U.S.C. §§ 727(a)(2)(A), (a)(4)(A), and (a)(5) is denied.”
“The debtor’s sixth amended Chapter 12 plan (Fil. No. 222) is confirmed.”
“The objection to confirmation by Lind and Fleecs is overruled.”
“The Motion to Dismiss filed by Fleecs and Lind (Fil. No. 229) is denied.”
“the portion of the debt attributable to the sale of collateral out of trust and collateral pledged to another lender, totaling $331,225.00, which amount is excepted from discharge under 11 U.S.C. §§ 523(a)(2)(A), (a)(4), and (a)(6).”
“The plaintiffs’ complaint to determine non-dischargeability of a debt under 11 U.S.C. § 523(a)(6) is denied.”
“The plaintiff’s motion for default judgment (Fil. No. 16) is granted.”
“The plaintiff’s amended motion for summary judgment (Fil. No. 68) is granted.”
“The debtor’s motion to avoid the lien of the Aurora Cooperative Elevator Company (Fil. No. 11) is denied without prejudice.”
“The plaintiff’s motion for class certification (Fil. No. 14) will be granted by the terms of an order to be submitted.”
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