John P. Gustafson
How Judge Gustafson rules, drawn from 37 signed orders. Every observation links to the order it came from.
How Judge Gustafson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A party opposing summary judgment must identify concrete facts creating a trial issue; unsupported theoretical explanations do not suffice.
“To establish a basis for denial of summary judgment, Defendant had to ‘come forward with specific facts showing that there is a genuine issue for trial.’”
Procedural preferences
Statutory timing commands control over procedural rules that would effectively enlarge the deadline.
“any conflict between the Bankruptcy Code and the Bankruptcy Rules must be settled in favor of the Code.”
A claim objection must rest on a statutory allowance ground rather than disagreement with the proposed payment mechanism.
“the mechanics of paying a claim does not impact allowance or disallowance of the claim.”
Cautions
Self-created urgency did not excuse failure to complete mandatory pre-filing counseling.
“This self-created emergency does not constitute ‘exigent circumstances’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The court required a higher proposed payment and stated that dismissal would follow only if the debtor did not comply.
“Accordingly, the Court DENIES the Application to Have Chapter 7 Filing Fee Waived [Doc #6]”
“IT IS ORDERED that Defendant’s Motion to Dismiss [Doc. #12] be, and hereby is, DENIED.”
“IT IS THEREFORE ORDERED that Debtor’s Certificate of Exigent Circumstances and Motion for Extension of Time to File Certificate of Credit Counseling Pursuant to 11 U.S.C. §109(h)(3) [Doc. #9] is DENIED.”
“Accordingly, Motion for Reconsideration, and related documents, will be Denied.”
“IT IS ORDERED that Confirmation of Debtor’s Chapter 13 Plan is denied.”
“IT IS THEREFORE ORDERED that the Interim Application for Compensation [Doc. #99] is allowed in the amount of $20,420.”
“ORDERED that the Motion for Leave to Proceed on Appeal in Forma Pauperis [Doc. #31] be, and is hereby, Denied.”
The court set compliance requirements and warned that noncompliance would result in dismissal, but it did not yet dispose of a party motion.
The bankruptcy court recommended denial of dismissal and withdrawal of the reference; adoption was not verified in this pass.
“IT IS ORDERED that Defendant’s Motion to Dismiss [Doc. #4] be, and hereby is, DENIED.”
“IT IS ORDERED that the Plaintiff’s Motion for Judgment on the Pleadings, [Doc. #14], be, and hereby is, DENIED.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were recorded as terminated. Their available entries were routine administrative labels without an express motion disposition.
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