Polly Susanne Higdon

How Judge Higdon rules, drawn from 36 signed orders. Every observation links to the order it came from.

Judge Higdon no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the District of Oregon
Position
bankruptcy
Status
Deceased
Served
1983–2007
Commissioned
1983-05-16
Education
Vassar College, bachelor's degree (1964); Washburn University School of Law, J.D. (first in class); New York University School of Law, advanced degree in tax and estate-planning law
Signed orders read
36

How Judge Higdon decides

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

What persuades

The court treated full professional disclosure as mandatory even when the professional believed a connection immaterial.

“a professional seeking employment under § 327(a) has a duty to disclose all possible conflicts or connections with the debtor to the court”

Procedural preferences

A party seeking privileged work product was directed to use the specified discovery motion and prove substantial need.

“he is free to file a Bankruptcy Rule 7026(b)(3) motion for the purpose of obtaining any documents which he has requested”

Cautions

The court warned that postpetition lease arrangements replicating discharged obligations must comply with reaffirmation protections.

“a creditor who enters into a postpetition contract or lease which obligates the debtor under similar terms to those which existed under a prebankruptcy agreement, without observing the reaffirmation rules of 11 U.S.C. § 524(c) and (d), may find itself in violation of the permanent postbankruptcy injunction”

Signed rulings

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

In re Hood Lumber Company
397-36565-psh11 · 1999-04-12
Application for compensation (Global Ventures, Inc.) Granted in part

“the court has determined that it must deny Global’s request for allowance of the commission arising from the sale of Hood’s assets to Dimeling.”

Motion for disgorgement (Official creditors' committee) Denied

“this court will not require Global to disgorge the commission it earned from the sale of the North Santiam Plywood Mill to Freres Lumber Company.”

In re Ryan
396-34108-psh12 · 1999-01-14
Objection to plan confirmation (Internal Revenue Service) Denied

“The IRS’s objection to confirmation of the debtors’ second modified plan is overruled. The court will enter an order of confirmation.”

In re Rice
397-35651-psh7 · 1998-08-14
Motion for turnover (Chapter 7 trustee) Denied

“The trustee may not obtain Mr. Smith’s files at this time”

State of Oregon Employment Department v. Washington (In re Washington)
98-3115 · 1998-08-07
Summary judgment (Oregon Employment Department) Granted

“The court holds that under these facts the doctrine of collateral estoppel applies. It further holds that the debt owed to the Department by the defendant was incurred by fraud or misrepresentation and is non-dischargeable under § 523(a)(2)(A).”

In re Arrow Transportation Company of Delaware
397-34556-psh11 · 1998-07-17
Summary judgment (Debtor) Granted in part

“the Union Group’s claims for prepetition vacation pay shall be allowed. The court finds that the debtor is a ‘prevailing party’ under the WARN Act and is entitled to an award of attorney’s fees incurred in objecting to that claim.”

Lee v. Jackson (In re Jackson)
97-3313 · 1997-12-17
Motions to dismiss (Debtors) Granted

“For these reasons the court will enter an order dismissing this adversary proceeding.”

In re Knight
397-33409-psh7 · 1997-08-01
Motion to compel assumption or rejection (GMAC) Denied

“The court denied the motion”

Adams v. Adams (In re Adams)
96-3127 · 1997-03-12
Summary judgment (Elizabeth Adams) Denied

“Those debts are therefore not exempt from discharge under §523(a)(15).”

Summary judgment (Allen Hays Adams Jr.) Granted
U.S. National Bank v. Franz (In re Franz)
96-3421 · 1996-12-09

After trial, the bank failed to prove fraudulent intent or a knowingly false financial statement.

Crites v. State of Oregon (In re Crites)
96-3057-psh · 1996-09-26
Summary judgment (Debtor) Denied

“the court will deny the debtor’s motion for summary judgment”

Summary judgment (Oregon Bureau of Labor and Industries) Granted

“and grant BOLI’s cross motion.”

In re Limbaugh
395-35375-psh13 · 1996-04-03
Plan confirmation (Debtors) Denied

“Plans containing such provisions are not confirmable.”

In re Dodson
394-36509-psh13 · 1996-02-07
Objection to claim (Debtors) Granted in part

“the 1984 income taxes are not entitled to priority status in the debtors' latest bankruptcy case.”

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 Higdon 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.