Tyson A. Crist
How Judge Crist rules, drawn from 25 signed orders. Every observation links to the order it came from.
How Judge Crist decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Detailed support for requested professional compensation and payment matters; an award may be conditioned when the record does not establish that immediate payment is safe for the estate.
“the Interim Fee Application does not state a basis upon which the Court is comfortable approving the immediate payment”
When identified pleading defects appeared potentially curable, Crist conditionally granted dismissal while allowing a targeted amendment.
“the Second Motion to Dismiss is conditionally granted with respect to all Causes of Action (Counts) asserted in the First Amended Complaint; however, Plaintiff is granted leave”
Procedural preferences
Bankruptcy-specific service requirements are enforced, while a short extension may be used when the record supports resolving the dispute on the merits.
“This should allow the adversary proceeding to proceed and to be resolved on the merits, which is favored under the law.”
Cautions
Default does not substitute for pleading a legally sufficient underlying debt before seeking a nondischargeability judgment.
“the Court cannot enter a judgment by default on Count Two, based on either § 523(a)(2)(B) or (a)(4)”
The deadline for an itemized opt-out fee application is enforced when counsel does not establish excusable neglect.
“the Application for Attorney Fees and Costs Beyond the No-Look Fee (Doc. 28) was filed twenty-two days after the deadline set forth in LBR 2016-1(b)(2)(C), it likewise must be DENIED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Motion for Default Judgment is hereby DENIED, without prejudice.”
“Accordingly, it is hereby ORDERED that the Interim Fee Application is hereby GRANTED as set forth in this Order”
“the Claim Objection is hereby DENIED, without prejudice to Debtor refilling an objection.”
“the Second Motion to Dismiss is conditionally granted with respect to all Causes of Action (Counts) asserted in the First Amended Complaint; however, Plaintiff is granted leave”
“the Motion for Relief from Discharge Injunction (or in the Alternative, for Clarification of Rights) (Doc. 33), as filed by Ms. Cochran on behalf of 937 Realty, as an Authorized Representative but not an attorney, is hereby DENIED without prejudice.”
“The Application is granted as set forth herein.”
“Objection of Mr. Krachenfels (Doc. 161) is overruled, except as provided by the provisions of this”
“the TWG Application is hereby GRANTED, in part, and DENIED, in part”
“the Motion to Recuse (Doc. 101) is hereby DENIED with prejudice.”
“the Motion to Continue Stay was, at the hearing, and is hereby, GRANTED pursuant to 11 U.S.C. § 362(c)(3)(B) as to all creditors”
“the Objection asserted by Creditor Jonathan D. Krachenfels is hereby OVERRULED”
“the Motion to Dismiss is hereby DENIED, without prejudice to Debtor filing another motion to dismiss”
“the proposed settlement between CFBank and Mr. Thompson ‘cannot be approved’ and the Motion to Approve Settlement will be denied.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters remained pending in the index. The adversary case was reassigned to Crist on his appointment date and is excluded from post-appointment caseload-duration analysis.
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