Judith H. Wizmur
How Judge Wizmur rules, drawn from 16 signed orders. Every observation links to the order it came from.
Judge Wizmur no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Wizmur decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The voluntary-dismissal ruling focused on the absence of creditor prejudice and the debtor's particular circumstances.
“In the absence of prejudice to creditors and in light of the debtor’s circumstances, debtor’s motion to voluntarily dismiss her Chapter 7 case is granted.”
Procedural preferences
A request for default judgment was denied without prejudice when the submitted record lacked sufficient factual support, with a proof hearing left available.
“For the reasons expressed above, plaintiffs motion for the entry of default judgment is denied without prejudice.”
Cautions
The tax-discharge decision separated a small dischargeable assessment from otherwise nondischargeable liabilities rather than treating the years as an all-or-nothing block.
“On this record, I conclude that the debt- or’s tax liability for the 1988 through 1991 tax years is nondischargeable under § 523(a)(l)(B)(i), with the exception of the assessment of $237 for the 1991 tax year, which may be discharged.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons expressed, the debtors’ motion for turnover of their 2001 tax refund is denied.”
“The motion of the IRS for relief from the stay to effect a setoff of the refund against the debtors’ pre-petition debt is granted.”
“Having reached the conclusion that the NJ MVC holds a judicial lien, which may be avoided to the extent that it impairs the debtor’s exemption, I need not take up the debtor’s alternate argument that the lien may be avoided under 11 U.S.C. § 544.”
“In the absence of prejudice to creditors and in light of the debtor’s circumstances, debtor’s motion to voluntarily dismiss her Chapter 7 case is granted.”
“An order will be entered granting the debtor’s request to voluntarily dismiss her case, subject to payment of administrative expenses, and allowing the trustee a stay pending appeal.”
“Here, in Gullone’s no-asset, no bar date Chapter 7 case, Chartwells’ claim, which arose pre-petition but was not yet fixed or liquidated, was discharged by operation of law at the time of Gullone’s discharge on August 11, 2002.”
“For the reasons advanced, the plaintiffs’ motion for summary judgment is denied in all respects.”
“The debt- or’s motion for summary judgment and *651 dismissal of the adversary proceeding is granted.”
“For the reasons expressed above, plaintiffs motion for the entry of default judgment is denied without prejudice.”
“Summary judgment is granted in favor of TGSLC, and counts one and two of the debtors' amended complaint, seeking a declaration that the debtor's student loans are discharged, will be dismissed.”
“The debtor's quest to file an answer to the counterclaim out of time may be granted, but does not change the result.”
“On this record, I conclude that the debt- or’s tax liability for the 1988 through 1991 tax years is nondischargeable under § 523(a)(l)(B)(i), with the exception of the assessment of $237 for the 1991 tax year, which may be discharged.”
“The automatic stay was not effected by debtor’s bankruptcy filing to bar his incarceration. This court’s order issued orally on November 4, 1996, to release debtor is hereby vacated.”
“Debtor’s cross motion to re *604 duce the secured claim held by the Credit Union is therefore denied.”
“The Credit Union’s motion in this regard will be granted, although relief will be stayed for 30 days from the date an order is entered on this motion to afford the debtor an opportunity to convert her case to Chapter 13 and to present a feasible plan.”
“I conclude that the trustee has met his burden to avoid the preference payment made by the debtor to the defendants in the amount of $20,000.”
“The trustee’s request is denied, without prejudice to the opportunity of the trustee to support his quest for interest, if it is submitted by March 22,1999.”
“The debtor’s motion to direct the Buena Vista Municipal Court to rescind the suspension of debtor’s driving privileges, based on his failure to pay municipal court charges, during the pendency of his Chapter 13 case, is granted.”
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 Wizmur 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.