Mary Ann Whipple
How Judge Whipple rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Whipple decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Repeated utility disconnections after notice, followed by default in the adversary case, supported a limited punitive-damages award intended to encourage future compliance.
“the only way to discourage such violations and encourage prompt and serious attention to prevention is by awarding punitive damages.”
Procedural preferences
Notice to a federal creditor should use the designated agency name and address when the court's register makes a conclusively proper address available.
“Debtor inexplicably failed to avail himself of the opportunity provided by Rule 5003(e)(2)(D) to use a mailing address ‘conclusively presumed to be proper.’”
A reaffirmation rescission required notice to the creditor rather than court action absent a dispute over timeliness or receipt.
“the court has no involvement in such rescission absent a dispute as to its timeliness or receipt by the creditor.”
Cautions
Voluntary dismissal was denied where an asset case was the only practical route for unsecured creditors to receive available property.
“the interests of unsecured creditors will be prejudiced by dismissal because this is an asset case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Separate orders in accordance with this Memorandum of Decision will be entered, one granting Internal Revenue Service’s motion to extend time and one denying in part Debtor’s Objection, only to the extent he objects on the basis that Internal Revenue Service filed its claim late.”
“Plaintiffs’ request that Defendant be enjoined from further violation of the automatic stay will be, and is GRANTED.”
“Plaintiffs’ request for attorney fees will be GRANTED in part and DENIED in part.”
“Plaintiffs’ request for punitive damages will be GRANTED in part and DENIED in part.”
“Plaintiffs’ request that Defendant be enjoined from further violation of the automatic stay will be GRANTED.”
“Plaintiffs’ request for attorney’s fees will be GRANTED in part and DENIED in part.”
“Plaintiffs’ request for punitive damages will be GRANTED in part and DENIED in part.”
“the Motion for Relief From Stay [Doc. #13] filed by Deborah Nelson and Patrick Nelson is GRANTED to the extent set forth below”
“the Trustee’s Objection to Exemptions be, and hereby is, SUSTAINED with respect to Debtor’s exemption claimed under Ohio Revised Code § 2329.66(A)(1), and OVERRULED with respect to Debtor’s exemption claimed under Ohio Revised Code § 2329.66(A)(2).”
“Debtors’ Motion for Separate Administration of Debtors’ Estates [Doc. # 40] be, and hereby is, DENIED as moot.”
“United States Trustee’s Motion, as Amended, to Review and Disgorge Attorney’s Fees [Doc. # 48] is DENIED in part, to the extent that it seeks disgorgement of the $800 in fees paid by Debtor to counsel, and is GRANTED in part”
“the Trustee’s Objection to Exemptions [Doc. # 12] be, and hereby is, SUSTAINED as to the 1969 Piper Cherokee airplane and OVERRULED as to the Genoa Bank accounts.”
“Read is entitled to judgment on the amended complaint in her favor against the Nicolleti law firm in the total amount of $30,799.40”
“Paul Nicolleti is entitled to judgment on the amended complaint in his favor.”
“Al Hindman is entitled to judgment in his favor on the Third-Party Complaint.”
“Hindman’s counterclaims against the Nicolleti defendants for indemnification and/or contribution will be dismissed as moot.”
“Hindman’s claim for attorney fees against Read is denied.”
“Debtors’ Motion to Dismiss Chapter 7 Bankruptcy [Doc. #26] is DENIED.”
“Jeep Federal Credit Union’s Motion to Compel Payment of Proof of Claim [Doc. #36] is DENIED, without prejudice.”
“All fees and expenses for services rendered on behalf of the Committee during the case in the aggregate amount of $1,253,856.60, representing $1,222,272.00 in fees and $31,584.60 in expenses, are hereby allowed on a final basis.”
Caseload & timing
From public federal docket records for this judge.
All five historical sampled matters were recorded as terminated and contained no entries. The pending Brown case supplied two contested motion intervals.
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