August B. Landis

How Judge Landis rules, drawn from 3 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the District of Nevada
Position
bankruptcy
Commissioned
2013-11-27
Signed orders read
3

How Judge Landis decides

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

What persuades

A creditor defending a stale claim must produce evidence once the debtor rebuts the claim's initial validity.

“LVNV did not offer even a scintilla of evidence to persuade this Court that the stale Claims it filed in this case should be allowed”

Procedural preferences

Plan proponents must address both disposable-income and good-faith requirements when confirmation is contested.

“Trustee’s objection to confirmation of Plan #2 under Section 1325(b)(1)(B) is therefore SUSTAINED, and confirmation of Plan #2 is DENIED.”

Cautions

An unopposed claim objection can still fail when the debtor's own schedules admit the debt.

“Barnes attempts to disallow a claim she admits.”

Signed rulings

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

In re Andrade-Garcia
17-15277 · 2021-03-31
Objection to proof of claim 4 1 (Antonia Andrade-Garcia) Granted

“Debtor’s Objection to LVNV’s Claim 4-1 in the amount of $9,379.75 is SUSTAINED, and that claim is DISALLOWED in its entirety”

Objection to proof of claim 5 1 (Antonia Andrade-Garcia) Granted

“Debtor’s Objection to LVNV’s Claim 5-1 in the amount of $924.84 is SUSTAINED and that claim is DISALLOWED in its entirety”

Objection to proof of claim 6 1 (Antonia Andrade-Garcia) Granted

“Debtor’s Objection to LVNV’s Claim 6-1 in the amount of $845.08 is SUSTAINED and that claim is DISALLOWED in its entirety”

Request for objection related attorney fees (Antonia Andrade-Garcia) Granted

“Debtor is awarded, and LVNV shall remit to Debtor through her counsel, all attorney’s fees and expenses incurred by Debtor in successfully prosecuting the Oppositions”

In re Aquino
19-12664 · 2021-05-25
Chapter 13 trustee motion to dismiss (Chapter 13 trustee) Denied

“Trustee’s Dismissal Motion [ECF No. 60] is DENIED.”

Chapter 13 trustee objection to confirmation (Chapter 13 trustee) Granted

“Trustee’s objection to confirmation of Plan #2 under Section 1325(b)(1)(B) is therefore SUSTAINED, and confirmation of Plan #2 is DENIED.”

In re Barnes
22-10156 · 2022-09-02
Objection to proof of claim 3 (Patti Jo Barnes) Denied

“the Objection to Wells Fargo Bank, N.A.’s Proof of Claim No. 3 (ECF No. 25) ... must be overruled”

Objection to proof of claim 5 (Patti Jo Barnes) Denied

“Objection to Wells Fargo Bank, N.A.’s Proof of Claim No. 5 (ECF No. 27) must be overruled”

Caseload & timing

From public federal docket records for this judge.

The five matched streams ranged from six to eighty-four entries. Three contained express dismissal or plan-confirmation results; generic order labels and text-dark attachments were excluded.

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