Adlai S. Hardin Jr.
How Judge Hardin rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Hardin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hardin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When applying the automatic stay to a contempt order, the court focused on the order's text and the statute's express scope.
“The test in this case is objective, and it is two-fold: (i) what does the court’s order provide by its terms; and (ii) does the order by its terms fall within the express provisions of the statute.”
Procedural preferences
Delay in consulting specialized counsel did not justify extending a clear discharge-objection deadline.
“Fine’s lack of diligence in retaining counsel or otherwise acting to protect or assert his rights under the bankruptcy laws is not ‘cause’ under Rule 4007(c).”
Cautions
The court warned that collusive or sham involuntary cases would draw consequences.
“sham involuntary petitions may not be filed in this court without consequences.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motions to dismiss under Rule 9(b) and Rule 12(b)(6) must be denied.”
“DECISION GRANTING MOTION TO DISMISS”
“ORDERED that the motion by Comair to reject the Flight Attendant Agreement pursuant to Section 1113 of the Bankruptcy Code is denied.”
“Sandak is entitled to a judgment as to both liability and non-dischargeability in respect of his claims discussed above under point II C 1, 2, 3, 4, 5 and 6, aggregating $66,170.”
“DECISION APPROVING SETTLEMENT AND DISMISSAL OF SECTION 727(a) CLAIM”
“The Trustee’s objection to the settlement is overruled.”
“The facts of this case, in view of the foregoing law, warrant a sanction against both Gottenger and Klein, and the sanctions shall be payable to the Clerk of the Bankruptcy Court.”
“the Higginses do not have standing to avoid pre-petition transfers as preferences under Section 547(b)”
“the lien of the Confession of Judgement is avoidable under Section 522(f)(1)(A) because it impairs the debtors' homestead exemptions”
“the defense of usury has been waived”
“Erickson's right to contest the dischargeability of his claim under Section 523(a) is time-barred.”
“Accordingly, the debtor’s motion is granted.”
“Accordingly, the debtor’s motion under 11 U.S.C. §§ 105 and 362(a) is granted.”
“the debtors’ motion for su-perpriority financing under 11 U.S.C. § 364(d) is denied.”
“Accordingly, Acquvest’s motion for relief from the stay is granted.”
“ORDERED that the April 5, 2007 foreclosure sale at which MERS purchased 23 Oriole Street, Chestnut Ridge, N.Y. 10977 is void.”
“MEMORANDUM DECISION DISMISSING CASE WITH PREJUDICE FOR USE OF FALSE SOCIAL SECURITY NUMBER”
“this debtor will be barred from any further filing under Title 11, without prejudice to his right to apply to this Court for permission to refile upon disclosure of his correct social security number.”
A historical record
Judge Hardin 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.