James S. Starzynski
How Judge Starzynski rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Starzynski no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Starzynski decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A preference plaintiff recovered only the transfers remaining after the creditor established its available statutory defenses.
“The Trustee is entitled to avoid and recover for the estate those two $10,000 payments.”
Binding circuit authority controlled even where decisions from another circuit might have supported the moving parties.
“Were this district located in the Ninth Circuit, Banks might well be successful, but because the Tenth Circuit requires a different result, the Motion must be denied.”
Procedural preferences
Summary-judgment evidence had to be independently admissible; repeating hearsay in an affidavit did not cure the defect.
“Putting hearsay into an affidavit does not make it admissible for a summary judgment.”
Cautions
The court addressed subject-matter jurisdiction before abstention and treated abstention as unavailable once jurisdiction was absent.
“Having no subject matter jurisdiction, the Court does not have the ability to abstain.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court will enter a Judgment in favor of Defendant, declaring that he will receive his bankruptcy discharge. Plaintiff’s case will be dismissed with prejudice.”
“The Trustee has shown that the estate is entitled to avoid and recover for the estate $20,000 in preferential transfers for which no defense is available.”
“The Court finds the Motion to Dismiss well taken and will enter an Order granting it.”
“The Motion for Summary Judgment and the Motion to Abstain will be denied by separate orders as moot.”
“For the reasons set forth below, the Motion will be denied.”
“The Court grants Defendants’ motion for a clarification and holds that the Abstention Order by itself did not serve, nor was it intended to serve, as a ruling on whether the automatic stay was or should be modified to permit the State Court Action to proceed.”
The court revisited its earlier interlocutory liability ruling on its own initiative and dismissed the nondischargeability complaint with prejudice; no party motion was adjudicated.
“In summary, the Court disagrees that ‘at any time’ can be read to extend a debtor’s ability to convert a chapter 13 past entry of an order of dismissal. A separate Order will enter denying the Motion to Vacate.”
“For the foregoing reasons, the Court finds that Trustee was not bound in any way by § 549, including any statute of limitations therein. Therefore the Motion by First National Bank of Santa Fe and Countrywide Bank, FSB for Partial Judgment on the Pleadings as to § 549 Avoidance Action Set Forth [in] Counts I and II (doc 26) is not well taken and will be denied.”
“The Gourt has reconsidered its Order dismissing adversary proceeding and finds that it was proper.”
“Plaintiffs also filed a motion to reopen this adversary proceeding. Doc. 13. That motion will also be denied for the reasons set out in this memorandum opinion.”
“This contract is ambiguous and the Court finds that, on the evidence on record, there is a genuine issue as to who the parties are. The Motion for Summary Judgment will be denied.”
“For the reasons set forth above, the Court finds that the Motion to Dismiss is well taken. A separate order will be entered dismissing this adversary proceeding.”
On stipulated facts and legal briefs, the court found reasonably equivalent value and dismissed the fraudulent-transfer adversary with prejudice; no party motion was adjudicated.
Caseload & timing
From public federal docket records for this judge.
The five 1998 matters were terminated, with a median recorded duration of 1,632 days. The Angel Fire adversary supplied the only classifiable docket outcomes in the reviewed set.
A historical record
Judge Starzynski 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.