Gloria M. Burns
How Judge Burns rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Burns no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Burns decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The plan-confirmation ruling treated a minimal distribution and inaccurate disclosures as evidence that the proposed plan lacked good faith.
“The small distribution proposed by Mr. Nuttall –1.5% – is persuasive to this Court of the Debtor’s lack of good faith in filing his Plan.”
Procedural preferences
Repeated failures to produce discovery and obey court orders supported striking the answer and entering default, while damages were left for a proof hearing.
“the Plaintiffs’ Motion for sanctions is well taken and Plaintiffs’ are entitled to the entry of an order striking the Debtor’s Answer in the adversary proceeding and the entry of default pursuant to Fed.R.Civ.P. 37(b).”
Cautions
Where liability for a stay violation was established but damages remained disputed, the court granted only partial summary judgment and reserved the amount for trial.
“As such, the Summary Judgment Motion is granted in part because the Judicial Sale constituted a willful violation of the stay, but the Debtor’s request for summary judgment regarding actual damages is denied without prejudice so that the factual disputes can be addressed at the trial scheduled for March 13, 2008.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based on the foregoing, the Court denies the Debtor’s motion to lift attachment of unemployment benefits in violation of his stay because the NJDOL properly recouped its overpayment, and, as such, is not in violation of the Debtor’s stay.”
“remains a balance of $1,614.00. This is the amount of the debt owed to him by the debtors and is the amount determined to be nondischargeable.”
“A judgment shall be granted in his favor in the amount of $357,150.00 as a non-dischargeable debt.”
“For the foregoing reasons the Court finds that both the judgment for defamation ($60,210.40) and the counsel fees and costs ($41,323.70) are non-dischargeable under 11 U.S.C. § 523(a)(6).”
“Based on the foregoing, the Court grants Maselli’s application for compensation in the amount of $15,953.00. Regarding the$25,000.00 retainer, Maselli shall return to the trustee that portion of the retainer in excess of the aforementioned amount, $9,047.00.”
“Debtor’s motion to determine pre-petition defaults and termination of business lease and oral contract of sale by Wild Waves, LLC is hereby DENIED.”
“The Defendant’s motion for summary judgment as to allegations of ‘constructive fraud’ under both § 548(a)(1)(B) and N.J.S.A. 25:2-25 is GRANTED. The Defendant’s motion as to allegations of ‘actual fraud’ under § 548(a)(1)(A) and N.J.S.A. 25:2-25(a) is DENIED.”
“This Court holds that the Debtor, having converted her case from one under chapter 13 to one under chapter 7, is not subject to the means test under the plain language of § 707(b)(1) and is, thus, not required to file a Form B22A under Rule 1007(b)(4).”
“Lacking ‘cause,’ creditor DeHorsey’s motion for relief from the automatic stay to pursue the state court civil litigation is DENIED, without prejudice.”
“Creditor DeHorsey’s objection to confirmation is SUSTAINED, and confirmation is DENIED.”
“Based on the foregoing, the Court finds that Upper Darby and Delaware County violated the automatic stay and that their violations should not be ratified by an annulment of the stay; accordingly, the Stay Relief Motion is denied.”
“As such, the Summary Judgment Motion is granted in part because the Judicial Sale constituted a willful violation of the stay, but the Debtor’s request for summary judgment regarding actual damages is denied without prejudice so that the factual disputes can be addressed at the trial scheduled for March 13, 2008.”
“the Court concludes that the Debtor’s discharge will not be denied pursuant to § 727(a)(2)(A) or (a)(3)-(6).”
“Additionally, the Court finds that the Plaintiffs’ claim against the Debtor will not be excepted from the discharge pursuant to § 523(a)(2) or (a)(4).”
“The Trustee’s Objection to the Debtor’s claimed exemptions should be sustained.”
Caseload & timing
From public federal docket records for this judge.
No case-duration or motion-timing estimate is reported because the sampled matters contained no archived docket entries.
A historical record
Judge Burns 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.