William F. Tuohey
How Judge Tuohey rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Tuohey no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tuohey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The Landmark ruling imposed substantial compensatory and punitive consequences for a bad-faith involuntary filing.
“Judgment is entered against petitioning creditors Tommy Boy and Select for compensatory damages in the amount of $8.2 million.”
Procedural preferences
The Rowe ruling paired denial of an infeasible plan with prospective stay relief for the secured creditor.
“The Bank’s Motion for Relief from the Automatic Stay with respect to the Property be and the same is hereby granted with prospective relief.”
Cautions
A lien-removal remedy was expressly conditioned on successful completion of the Chapter 13 plan.
“the Motion of debtor to strip off the wholly unsecured second mortgage claim of Ocwen be and is hereby granted.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons expressed herein, the Court hereby denies the Trustee’s Objection to the Debtor’s Amended Schedule C.”
“the Trustee is directed to turnover the balance of the Debtor’s personal injury funds in the amount of $48,710.16 to the Debtor within ten (10) days from the date of this order.”
“the within Motion by Cygnus to lift the automatic stay pursuant to 11 U.S.C. § 362(d) to initiate litigation against the debtor in another forum regarding alleged post-petition patent infringement be and the same hereby is denied.”
“Confirmation of the debtors’ Chapter 13 Plan be and the same is hereby denied.”
“The Bank’s Motion for Relief from the Automatic Stay with respect to the Property be and the same is hereby granted with prospective relief.”
“the debtor’s Motion to Compel Restoration of driving privileges must be denied.”
“this Court forthwith, enters the accompanying Order confirming debtor’s Chapter 13 Plan.”
“the Motion of debtor to strip off the wholly unsecured second mortgage claim of Ocwen be and is hereby granted.”
“the debtor’s Motion to enforce litigant’s rights is hereby denied;”
“debtor’s Motion for contempt against a sitting Municipal Court Judge is now deemed moot.”
“the debtors’ motion to bifurcate and strip down the second mortgage lien currently held by Columbia Savings to the fair market value of the property pursuant to sections 506(a) and 1322(b)(2) of the Bankruptcy Code is hereby granted.”
“Columbia Savings argument in favor of protection pursuant to section 1322(b)(2) of the Code is hereby denied.”
“The motion to treat the third mortgage held by Urban National Bank as unsecured debt is granted.”
“RG & E’s Motion to Stay the New Adversary Proceeding (Adv. No. 96-2559) pending resolution of the New York State Court Trial is hereby granted.”
“the debt owed by debt- or/plaintiff, Edward T. Curtin, Jr. to defendant, State of New Jersey, Division of Motor Vehicle-Surcharges for motor vehicle surcharges be and it is hereby determined to be nondischargeable;”
“the costs of collection of the aforesaid debt be and they determined to be dischargeable;”
“debtor’s request to direct the State of New Jersey, Division of Motor Vehicles to immediately reinstate his driver’s license be and it is hereby denied.”
“The debtor’s Application to use the $150,-000.00 Non-Refundable Payment be and is hereby denied.”
“counsel for the debtor is hereby ordered to disgorge the funds currently being held in the interest bearing account pursuant to the September 20, 1996 Consent Order, and deposit them forthwith in the debtor’s DIP Account, subject to further Order of the Court.”
“The court hereby denies Debtors’ motion to strip down the lien of Metmor to the fair market value of the debtors’ property.”
“judgment is entered against the three petitioning creditors, Tommy Boy, Select and Max for reasonable costs and attorneys fees, the amount thereof to be fixed by further hearing and order of this court.”
“Judgment is entered against petitioning creditors Tommy Boy and Select for compensatory damages in the amount of $8.2 million.”
“Punitive damages in the amount of $500,000 are hereby assessed against Tommy Boy.”
Caseload & timing
From public federal docket records for this judge.
No motion-timing estimate is reported because the sampled matters contained no archived docket entries.
A historical record
Judge Tuohey 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.