Kathryn C. Ferguson
How Judge Ferguson rules, drawn from 12 signed orders. Every observation links to the order it came from.
Judge Ferguson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ferguson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The debtor prevailed on discharge of the tax debt through summary judgment after the court applied the statutory return requirement to the undisputed filing history.
“The court grants summary judgment in favor of Ms. Maitland, and finds that her 2008 tax debt was discharged as part of her bankruptcy case.”
Procedural preferences
The asbestos-plan decision resolved each confirmation defect separately before concluding that the plan was not confirmable as a matter of law.
“Accordingly, the Court finds that the Plan is not confirmable as a matter of law.”
Cautions
A creditor's overall nondischargeability theory failed even though one specifically proven inspection expense remained excepted from discharge.
“The remainder of the Plaintiffs’ claim is discharged pursuant to 11 U.S.C. § 727.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judgment is denied on Count I of the Complaint.”
“Given that ruling, Count II is moot.”
“The motion for summary judgment is denied.”
“a Bondholder-rejected Plan satisfies the funding requirements of § 524(g)(2)(B)(i)(III);”
“a Bondholder-supported Plan does not satisfy the funding requirements of § 524(g)(2)(B)(i)(III);”
“ABI’s contribution does not satisfy the ‘fair and equitable’ requirements of § 524(g)(4)(B)(ii);”
“the current classification scheme in the Plan does not provide substantially similar treatment for similarly situated creditors;”
“whether the Debtors contributions satisfy the ‘fair and equitable’ requirements of § 524(g)(4)(B)(ii);”
“the release and exculpation provisions because it has not been established that this Court has jurisdiction pursuant to 28 U.S.C. § 1334(b);”
“whether the loan from the Congoleum Plan Trust and the escrow agreement violate § 524(g).”
“Accordingly, the Court finds that the Plan is not confirmable as a matter of law.”
“Summary judgment is granted in part and denied in part.”
“The Court declines to reinstate the Debtors’ exclusivity period.”
“the Debtor’s motion for sanctions is denied”
“the additional request to void all actions taken in violation of the stay is granted.”
“the court will grant the Debtor’s cross-motion and declare these annuities to be exempt from property of the estate.”
“The court will enter judgment in favor of the defendant.”
“the court will enter an order declaring the AMS Plan to be excluded from the Debtors’ estate pursuant to 11 U.S.C. § 541(c)(2)”
“The Sureties’ Motion to Strike or Modify AMS Plan will be denied with the standard order.”
“Counsel for the Debtor shall submit a form of order determining that the Debtor’s IRA is not property of this estate.”
“The court is granting the Truch’s Rule 52(c) motion and will dismiss the complaint for the reasons stated.”
“The court hereby vacates its orders of February 17, 2015.”
“The court grants summary judgment in favor of Ms. Maitland, and finds that her 2008 tax debt was discharged as part of her bankruptcy case.”
“The court denies the cross-motion for summary judgment by the Division of Tax.”
“The Plaintiffs have failed to establish by a preponderance of the evidence that their claim is nondischargeable under either 11 U.S.C. § 523(a)(2)(A) or (a)(6).”
“the court finds that pursuant to section 523(a)(6) the cost of the home inspection, in the amount of $250, is non-dischargeable. The remainder of the Plaintiffs’ claim is discharged pursuant to 11 U.S.C. § 727.”
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 Ferguson 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.