Vincent F. Papalia
How Judge Papalia rules, drawn from 11 signed orders. Every observation links to the order it came from.
How Judge Papalia decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On pleading motions, distinguishes between counts barred at the outset and counts that remain for adjudication.
“the Court dismisses with prejudice Count 1 of the complaint (seeking to except the Debt from discharge under 11 U.S.C. § 523(a)(2)) and denies Debtor's motion to dismiss the complaint as to Count 2”
Allows amendment when added factual detail makes a surviving claim plausible rather than futile.
“the proposed amendment is not futile because it adds specificity to the 'claims made against McKoy and others.”
Cautions
A party seeking equitable relief should expect the court to examine whether that party's own conduct is equitable.
“Because a party seeking equitable remedies (such as the extraordinary injunctive and other relief Debtor seeks here) must act equitably, this argument is rejected.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court dismisses with prejudice Count 1 of the complaint (seeking to except the Debt from discharge under 11 U.S.C. § 523(a)(2)) and denies Debtor's motion to dismiss the complaint as to Count 2”
“the entire Adversary Complaint is dismissed with prejudice.”
“the Court will enter judgment voiding the Mortgage and allowing the Avenue A Property to be sold free and clear of the lien of the Mortgage”
“For all the foregoing reasons, C & D’s retention by the Committee is approved nunc pro tune to September 28, 2016 and its application for fees and expenses is allowed as follows:”
“In total, the objections relate to $37,029 (or 62 %) of the $53,429 in fees charged by C & D and $253.33 of the $489.53 expenses sought by C & D. For the following reasons, the Court will overrule most of the Debtors’ objections and award C & D $50,504 in fees and $253.33 in expenses, or a total of $50,757.33.”
“For all these reasons, BMWs objection to the Debtor’s discharge is denied.”
“For the foregoing reasons, the Court determines that the entire debt of the Debtor to Plaintiff under the Stipulation, or $ 11,289, less payments of $ 3,200.77, for a remaining total of $ 8,088.23, is nondischargeable under 11 U.S.C. § 523(a)(2)(A).”
“Separate Orders (i) authorizing the abandonment of the Property; (ii) denying the Debtor’s motion to enjoin the pending eviction action, for sanctions and other relief; and (iii) dismissing the Complaint as stated above will be entered.”
“For all the foregoing reasons, the Debt- or’s adversary proceeding is dismissed. Counts 5 and 6 are dismissed with prejudice, while Counts 1, 2, 3 and 4 are dismissed without prejudice.”
“For all the foregoing reasons, the Debtor's Motion to file the Amended Complaint is granted as to Count I and denied without prejudice as to Counts II and III.”
“For all these reasons, (i) Booker’s motion to dismiss on grounds of public employee immunity is granted;”
“(ii) McKoy’s motion to dismiss on grounds of Safe Harbors 1 and 2 and failure to state is denied;”
“(iii) the Debtor’s cross-motion to amend is granted”
“For all these reasons, the Settlement and Structured Dismissal Motions are granted, the Settlement Agreement is approved and this bankruptcy case.is dismissed, with prejudice.”
“Sustaining the objections to the discharge of Stewart Kennedy under 11 U.S.C. §§ 727(a)(2)(B), 727(a)(3), 727(a)(4) and 727(a)(7) and denying Mr. Kennedy a discharge;”
“Sustaining the objections to the discharge of Samantha Kennedy under 11 U.S.C. §§ 727(a)(3), 727(a)(4) and 727(a)(7) and denying Mrs. Kennedy a discharge;”
“Determining that Mr. and Mrs. Kennedy’s debt to Cristobal would also be nondischargeable under 11 U.S.C. § 523(a)(2)(A), that their liability to Cristobal is joint and several, and is in the amount of $155,037, plus interest at the legal rate (under State Court Rules) from January 1, 2012 going forward;”
“Determining that Mr. Kennedy’s debt to Ruiz would also be nondis-chargeable under 11 U.S.C. § 523(a)(2)(A) and is in the amount of $503,101, plus interest at the legal rate (under State Court Rules) from January 1, 2014 going forward;”
“Determining that Ruiz has no monetary claims against Mrs. Kennedy with respect to the causes of action raised in his Complaint and those claims are denied;”
“Accordingly, Lira’s Complaint to determine: (i) that the alleged debts owed to him by Mr. and Mrs. Kennedy under 11 U.S.C. §§ 523(a)(2)(A), 523(a)(4) and 523 (a)(6) (Counts I, II and III) are non-dischargeable; and (ii) the amount of those debts, is dismissed and his monetary claims against Stewart and Samantha Kennedy, as set forth in his Complaint, are denied.”
Caseload & timing
From public federal docket records for this judge.
All fourteen sampled matters were terminated. Four express default-judgment outcomes were retained; consent-only labels and a withdrawn default request were excluded.
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