Stephen A. Stripp

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

Judge Stripp 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 2001
Served
1987–2001
Commissioned
1987-09
Education
University of Notre Dame, B.A. with honors, 1974; Seton Hall School of Law, J.D., 1979
Signed orders read
18

How Judge Stripp decides

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

What persuades

A confirmed plan stopped binding a mortgagee after debtor default and stay relief, because equity did not require continued creditor performance without debtor performance.

“if a debtor fails to fulfill his obligations under a plan, he cannot reasonably expect his creditors to remain bound by it.”

Procedural preferences

A timely adversary complaint could function as an informal proof of claim when it made a written demand against the estate and allowance was equitable.

“T.A. Title’s adversary complaint is deemed a timely informal proof of claim.”

Cautions

A household budget could not count a non-debtor spouse's expenses while disregarding that spouse's income in the disposable-income analysis.

“compliance with the minimum requirements for funding the plan mandates inclusion of a non-debtor spouse’s income, as well as expenses”

Signed rulings

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

In Re Rosa
· 2001-04-17
Motion for relief from automatic stay (Investors Savings Bank) Denied

“Since Investors’ motion was based on the argument that its mortgage cannot be subjected to the debtor’s chapter 13 plan, the motion is denied.”

In Re Miano
· 2001-04-25
Motion for reconsideration (Thomas Miano) Denied

“The debtor’s motion is therefore denied.”

Crossmotion for disbursement (Alaska Seaboard Partners, L.P.) Granted

“Alaska’s crossmotion for disbursement of those funds is therefore granted.”

In Re Levy
· 2000-12-20
Motion to reopen case (Leonard J. Levy) Granted

“Levy’s motion to reopen the case is granted for the purpose of avoiding Wasco’s lien”

Motion to avoid judicial lien (Leonard J. Levy as to Wasco Funding Corp.) Granted

“The debtor's motion to avoid Wasco’s judicial lien in its entirety is therefore granted.”

Motion to avoid judicial lien (Leonard J. Levy as to Dr. Gary Goldstein) Denied

“The motion to avoid Goldstein’s lien is, however, denied on the ground of laches.”

In Re Townley
· 2000-12-20
Motion to modify plan (Joan and Herbert Townley) Granted

“Ford’s objection is overruled and the debtors’ motion to modify their plan is granted.”

In Re Petrucci
· 2001-01-08
Motion to allow tardy claim (T.A. Title Insurance Company) Granted

“the complaint filed by T.A. Title is a timely informal proof of claim, and the motion is therefore granted.”

In Re Cohen
· 2001-07-10
Trustee objection to exemption (Chapter 7 trustee as to Maxine Cohen) Granted

“Ms. Cohen’s exemption of an interest in the property under § 522(d)(5) is determined to be invalid.”

Trustee objection to exemption (Chapter 7 trustee as to Joel Cohen) Granted

“Mr. Cohen’s exemption under § 522(d)(1) is $16,150, and that portion of the trustee’s motion is also granted.”

In Re Giberson
· 2001-03-21
Motion for relief from automatic stay (Robert Young) Granted

“the motion for relief from the automatic stay to pursue enforcement of the July 7, 2000 order of the superior court is granted.”

Stafford Pool & Fitness Center v. Township of Stafford (In Re Stafford Pool & Fitness Center)
· 2000-08-24
Summary judgment (Residential Funding Corp., Governmental Finance Corp., and joined defendants) Granted

“the court holds that the tax liens at issue are valid liens notwithstanding that the FDIC held a mortgage on the same property during the time period in question.”

Summary judgment (Stafford Pool & Fitness Center) Denied

“the plaintiffs motion is denied.”

In Re Brycki
· 1993-12-23
Motion to reduce claim (Joseph V. and Carol A. Brycki) Denied

“The debtors’ motion to reduce the claim of Lumbermens is denied.”

In Re DeBaecke
· 1988-09-22
Objection to confirmation (New Jersey Division of Motor Vehicles) Denied

“the DMV’s objection to confirmation is overruled.”

In Re Miele
· 1992-04-29
Motion for relief from automatic stay (NCNB National Bank of Florida) Granted

“The motion is therefore granted.”

In Re Ehret
· 1999-09-03
Objection to confirmation (Chapter 13 trustee and American Express creditors) Granted

“the objections of the trustee and Amex are sustained and confirmation is denied.”

A historical record

Judge Stripp 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.