Henry L. Hess Jr.
How Judge Hess rules, drawn from 34 signed orders. Every observation links to the order it came from.
Judge Hess no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hess decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Separate classification was evaluated from the perspective of the disadvantaged unsecured class, not merely the debtor's fresh-start interest.
“the court concludes that the debtor's proposal to prefer the student loan claims does not meet the ‘fairness’ test prescribed by Congress in §1322(b)(1).”
Procedural preferences
Where only one eligibility issue was ready, the court resolved that ground and directed the objector to identify any remaining issues in writing.
“The claimant is hereby directed to advise the court in writing and within 20 days hereof of any remaining objections.”
Cautions
A creditor that did not object to either the original or modified plan remained bound by confirmation and could not later refuse plan payments.
“The County did not object to the modified plan and it was approved.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The court will enter an order setting aside the order confirming the plan and granting the debtors 28 days to file an amended plan in accordance with this opinion.”
“The creditor's objections will be sustained.”
“Fleet's objection must be overruled. The court will enter an order approving the modified plan dated July 15, 1991.”
“this court overrules the County's objections and will enter an order confirming the debtors' plan.”
“Myers may submit an order authorizing the trustee to withhold sufficient sums from the funds that would otherwise constitute ‘surplus’ under 28 U.S.C. §586(e)(2) as are necessary to meet the actual expenses incurred in the defense of the claim discussed herein.”
“this court overrules the County's objections and will enter an order confirming the debtors' plan.”
“this court granted the debtor's motion.”
“this court overrules the County's objections and will enter an order confirming the debtors' plan.”
“the court will enter an appropriate order sustaining the debtor's objections to Metropolitan's claim and allowing the claim subject to the limitations discussed herein.”
“ODVA's objection will be overruled and the court will enter an order confirming the debtors' plan.”
“Rentown's objection to confirmation will be sustained. The court will enter an order requiring the debtors to promptly assume or reject the leases under §365 and denying confirmation of the proposed plan.”
“the debt is not liquidated and the claimant's objection on the basis of §109(e) will be overruled.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated; the median reflects case-level filing and termination dates only, while their entry streams were empty.
A historical record
Judge Hess 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.