Novalyn L. Winfield

How Judge Winfield rules, drawn from 18 signed orders. Every observation links to the order it came from.

Judge Winfield no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the District of New Jersey
Position
bankruptcy
Status
Retired 2015
Served
1991–2015
Commissioned
1991-01-01
Education
College of Saint Elizabeth, B.A., 1972; Seton Hall University, M.A. in American Studies, 1976; New York Law School, J.D., 1981
Signed orders read
18

How Judge Winfield decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

The lien-stripping decision treated plan good faith as the key safeguard where the debtor was ineligible for another discharge.

“the Trustee’s objections are overruled and the Chapter 13 plan is confirmed.”

Procedural preferences

When an equitable-lien claim required different parties and proof, the court denied amendment and severed that claim rather than allowing it to complicate the discharge litigation.

“Costa Transports’ Amendment Motion is denied and the equitable lien claim is hereby severed from this adversary complaint.”

Cautions

Lien avoidance was limited to the amount impairing the exemption, and related modification of an adequate-protection order was deferred until the plan was amended.

“pursuant to § 522(f), the WAMCO lien against the West Orange property is avoided to the extent of $214,099.69, the amount by which the lien impairs the Debtor’s exemption.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Gloster
· 2011-10-13
Objection to plan confirmation (Chapter 13 Trustee) Denied

“the Trustee’s objections are overruled and the Chapter 13 plan is confirmed.”

In re Greater American Land Resources, Inc.
· 2011-07-14
Motion for relief from automatic stay (Township of Brick) Denied

“For the forgoing reasons, Brick’s motion to allow relief from the automatic stay pursuant to 11 U.S.C. § 362 and to permit Brick to amend its proof of claim is denied.”

Request to amend proof of claim (Township of Brick) Moot / procedural
Pizzuto v. Internal Revenue Service (In re Pizzuto)
· 2008-03-20
Adversary claim for tax dischargeability (Debtor) Denied

“For the following reasons, this Court has determined that the debt is not dischargeable.”

Costa Transports, Inc. v. Last (In re Last)
· 2010-12-08
Summary judgment (Debtor) Denied

“For the reasons set forth above the summary judgment motion by the Debtor and the cross-motion for summary judgment by Costa Transports are denied.”

Cross motion for summary judgment (Costa Transports, Inc.) Denied
Motion to amend adversary complaint (Costa Transports, Inc.) Moot / procedural

“Costa Transports’ Amendment Motion is denied and the equitable lien claim is hereby severed from this adversary complaint.”

In re Schaefer Salt Recovery, Inc.
· 2011-01-21
Motion for sanctions (Segal) Granted in part

“For the reasons set forth above, the court finds sanctions may be awarded against Khoudary and SSR only in connection with the improperly filed Chapter 7 petition.”

JPMorgan Chase Bank v. Tamis (In re Tamis)
· 2008-12-17
Adversary claim for nondischargeability (JPMorgan Chase Bank) Denied

“the court finds that JP Morgan Chase Bank (‘Chase’) has not met its burden of proving that the debt owed to it is nondis-chargeable under § 523(a)(4).”

Kartzman v. Abdelmassia (In re Abdelmassia)
· 2007-02-22
Request for default judgment revoking discharge (Chapter 7 Trustee) Denied

“the Trustee’s request to revoke the debtor’s discharge is denied.”

In re Steck
· 2003-09-09
Motion to avoid judgment lien (Debtor) Granted in part

“pursuant to § 522(f), the WAMCO lien against the West Orange property is avoided to the extent of $214,099.69, the amount by which the lien impairs the Debtor’s exemption.”

Motion to modify adequate protection order (Debtor) Denied

“the portion of the Debtor’s motion which seeks to modify the March 15, 2001, Consent Order is denied without prejudice to renew”

Farah v. Richards (In re Farah)
· 2002-06-07
Cross claim between nondebtor parties (Richards) Moot / procedural

“the Court concludes that it does not have subject matter jurisdiction over the cross-claim by Richards against Caytas.”

In re Fabricators Supply Co.
· 2003-04-29
Motion to determine quarterly fee base (Debtor) Denied

“the Court finds that the position of the United States Trustee is persuasive.”

Grand Court Lifestyles, Inc. v. Cohen (In re Grand Court Lifestyles, Inc.)
· 2004-03-24
Complaint for declaratory relief (Grand Court Lifestyles, Inc.) Moot / procedural

“The verified complaint filed by Grand Court for declaratory relief must be dismissed because the claims are not ripe, and therefore are not justiciable.”

Buglione v. Berlingeri (In re Berlingeri)
· 2000-02-24
Motion for summary judgment on dischargeability (Buglione) Granted

“Accordingly, the Court GRANTS summary judgment in Buglione’s favor on all counts.”

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 Winfield 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.