James E. Yacos
How Judge Yacos rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Yacos no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Yacos decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Plain statutory text controlled whether a non-business individual could use Chapter 11.
“the plain meaning of the pertinent statutes is that non-business debtors can use chapter 11.”
Cautions
The court declined to continue exclusivity where ownership had not committed its own capital while relying on creditor resources.
“equity holders that want to risk other people’s money don’t get very far in this Court.”
A motion to dismiss may fail even in a single-asset dispute when the record supports a potentially feasible reorganization and the court can impose adequate-protection payments and firm plan deadlines.
“The Motion to Dismiss is denied.”
A dispute may require a fuller factual record before summary judgment when novel substantive-consolidation issues turn on contested handling of commingled collateral.
“both of the present motions for summary judgment must be denied and that this matter should proceed to trial.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that the trustee’s objection is sustained and the debtor’s claim of exemption under RSA § 408:2 of the insurance policy in question is denied”
“This Chapter 13 proceeding, be, and the same hereby is, dismissed as not being a qualified filing by a qualified debtor within the intended scope of Chapter 13 of the Bankruptcy Code.”
“A hearing was held on February 23, 1990, and on that date I ordered that the motion be denied, but took leave to refine my remarks in an opinion.”
“There shall be a stay pending an appeal in this case effective immediately and lasting for the duration of the appeal provided the appellant pays the appellee $500.00 on October 12, 1990 and on the 12th of each month thereafter during the course of the appeal.”
“Accordingly the debtor’s motion for extension of exclusivity is for all the foregoing reasons denied.”
“A separate Order sustaining the trustee’s objection to the interest claimed on the chapter 11 administrative tax claim embodied in claim no. 86 shall be entered in accordance with this opinion.”
“The objection with regard to the penalties will be overruled.”
“Judgment is entered in favor of defendant Massachusetts Higher Education Assistance Corporation d/b/a American Student Assistance as to the portion of the debt owing to them that is deemed nondischargeable, which is $15,000.”
“Judgment is entered for the plaintiff/debtor in regard to defendant Student Loan Marketing Association d/b/a Sallie Mae.”
“A separate Order confirming the plan in accordance with this Opinion shall be entered.”
“The Court will issue a separate Order and Judgment granting the Motion to Dismiss the Amended Complaint with prejudice.”
“Accordingly, final judgment will be entered in this adversary proceeding determining that the $4,000 obligation in question is a property settlement obligation in the marital proceeding which is dischargeable under § 523(a)(5) of the Bankruptcy Code and which has not been rendered non-dischargea-ble under § 523(a)(15) of the Bankruptcy Code.”
“Ray-theon’s objection is sustained”
“confirmation of the debtors’ amended chapter 13 plan is denied by separate Order entered contemporaneously herewith.”
“a separate order will be entered determining that the amount of $10,000 in punitive damages' is appropriate for the egregious conduct of Chase involved in this case as summarized above.”
Caseload & timing
From public federal docket records for this judge.
The original five matters were terminated, with a median recorded duration of 1,720 days. Every reviewed stream was empty and supplied no classifiable motion outcome.
A historical record
Judge Yacos 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.