Howard C. Buschman III
How Judge Buschman rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Buschman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Buschman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor's useful objection supported compensation only for documented work that substantially benefited the estate.
“SP & B, in making the initial objection, conferred a substantial benefit to the estate.”
Procedural preferences
Calculated strategy and internal staffing problems did not establish excusable neglect for a missed appeal deadline.
“Its occurrence should not be considered excusable neglect, but rather a failure of a calculated strategy.”
Cautions
A plan could not rely on a household budget that shifted a working spouse's expenses to creditors.
“The Code contemplates no such result. Instead it requires a meaningful budget accompanied by devotion of much of the surplus income to repay creditors.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The application must be and hereby is denied without prejudice”
“their objections are, concomitantly, without merit.”
“plaintiff may avoid and recover preferences in the amount of $28,725.”
“For the foregoing reasons the motion must be and hereby is denied.”
“An order is to be entered approving Zayre’s assumption and assignment of the Lease.”
“SP & B is entitled to an award of $6,210.”
“the claiming of the deduction for such years must be permanently enjoined.”
“Charles’ motion to lift the stay is to be granted”
“Charles’ motion to amend his Original Claim is granted”
“the motion under § 157(b)(5) must be and hereby is denied without prejudice”
“The motions to vacate the automatic stay are denied without prejudice”
“SEN’s request to present parol evidence is granted”
“the Landlord’s objection to presentation of par-ol evidence is denied.”
“Cowanlite’s motion to reopen this bankruptcy proceeding in order to contest the dischargeability of its claims against the debtor must be and hereby is denied.”
“the motion to vacate is denied”
“the proceeding brought by Pan Am is remanded.”
A historical record
Judge Buschman 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.