Arthur I. Harris

How Judge Harris rules, drawn from 25 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Northern District of Ohio
Position
bankruptcy
Commissioned
2002-10-07
Signed orders read
25

How Judge Harris decides

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

What persuades

A limited record and short notice of an alternative theory favored reopening an earlier judgment so both sides could present evidence.

“Taking in the totality of the circumstances, particularly the short notice provided for the alternative ground of conversion and the limited record before the Court, the Court falls on the side of granting the defendant’s requested relief.”

Circumstantial evidence of intent did not eliminate factual disputes when the debtor offered a competing explanation for the challenged conduct.

“Although persuasive, genuine issues of material fact exist as to the debtor’s intent.”

Procedural preferences

A nondebtor's attendance at a Rule 2004 examination must be compelled through the subpoena procedure before civil contempt is available.

“While only a court order is necessary to compel attendance of the debtor under Rule 2004(d), a subpoena is required to compel attendance of a non-debtor under Rule 2004(c).”

Cautions

Adverse judicial rulings ordinarily belong in an appeal rather than a recusal motion.

“They may be proper grounds for appeal but not for recusal.”

Signed rulings

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

Simply Funding, LLC v. Werman
22-01070 · 2023-06-15
Summary judgment (Simply Funding, LLC) Denied

“For the foregoing reasons, the Court denies the creditor’s motion for summary judgment on its claims for nondischargeability under 11 U.S.C. § 523(a)(2)(A) and (a)(6).”

Zellers v. DiPaolo (In re Maximus III Properties, LLC)
18-4016 · 2019-10-03
Motion for relief from judgment (Sergio DiPaolo) Granted

“For the reasons stated above, the defendant’s motion for relief from judgment is granted, and the judgment dated March 5, 2019 (Docket No. 30) is vacated.”

In re Sara Alexander and Jason Payton
12-18215 · 2014-11-12
Motion to return attorney fees (debtors) Granted in part

“For the reasons stated in this memorandum of opinion, the Court grants the debtors’ motion in part. Attorney Bergrin is ordered to return $500 of the $1,000 fee to the debtors within 30 days of the date of this order.”

Simon v. Amir (In re Amir)
13-1051 · 2013-09-18
Motion for injunctive filing restrictions (Chapter 7 trustee) Granted in part

“For the reasons stated above, the Court grants in part and denies in part the Motion of Trustee for Order and Injunction Imposing Vexatious Litigant Filing Restrictions and Other Procedural Limitations on the Defendant and Debtor, Louis D. Amir.”

In re William Warren Ingram
10-21313 · 2011-02-14
Motion for disqualification or recusal (debtor) Denied

“For the foregoing reasons, the debtor’s motion for recusal (Docket #76) is denied.”

McDermott v. Chapman (In re Chapman)
09-1207 · 2010-03-16
Summary judgment (United States Trustee) Granted

“For the foregoing reasons, the U.S. trustee’s motion for summary judgment is granted.”

Helbling v. Zabor, et al. (In re Zabor)
08-1312 · 2009-07-22
Summary judgment (Mortgage Electronic Registration Systems, Inc.) Granted

“Accordingly, the defendants’ motions for summary judgment are granted, and the trustee’s motion for summary judgment is denied.”

Summary judgment (HSBC and Intervale Mortgage Corp.) Granted
Summary judgment (Chapter 7 trustee) Denied
Wojcik v. Russell, et al. (In re Russell)
07-1295 · 2008-01-14
Summary judgment (Chapter 7 trustee) Granted in part

“For the reasons that follow, the trustee’s motion for summary judgment is granted in part.”

Baumgart v. Ivy (In re Ivy)
07-1239 · 2007-10-26
Summary judgment (Chapter 7 trustee) Granted

“For the foregoing reasons, the trustee’s motion for summary judgment is granted.”

Baumgart v. Bryant-Thompson (In re Bryant-Thompson)
06-1806 · 2007-03-29
Summary judgment (Chapter 7 trustee) Granted

“For the foregoing reasons, the trustee’s motion for summary judgment is granted.”

Baumgart v. Oprea (In re Oprea)
06-1684 · 2007-01-10
Summary judgment (Chapter 7 trustee) Granted

“For the foregoing reasons, the trustee’s motion for summary judgment is granted.”

First Merit Bank v. Iannucci (In re Iannucci)
06-1259 · 2006-12-29
Summary judgment (First Merit Bank) Granted in part

“For the reasons stated above, the plaintiff’s unopposed motion for summary judgment is granted in part.”

Caseload & timing

From public federal docket records for this judge.

All six sampled matters were recorded as terminated. The five historical streams were empty; the signer-linked adversary docket supplied one grounded motion outcome and was later reassigned to Judge Suzana Krstevski Koch.

Draft for Judge Harris with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Harris, and what has not, cited to the signed orders.

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