Bruce I. Fox

How Judge Fox rules, drawn from 30 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the Eastern District of Pennsylvania
Position
bankruptcy
Status
Retired 2014
Signed orders read
30

How Judge Fox decides

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

What persuades

Additional reorganization time was refused after three failed plans over more than a year left no viable route to confirmation.

“the debtors have been unable to meet the statutory confirmation requirements of section 1325(a) despite three attempts over more than one year”

Procedural preferences

Remand was favored when one state forum could promptly resolve the full set of state-law claims, counterclaims, and cross-claims.

“this adversary proceeding should be remanded so that the state court can resolve promptly the merits of all of the Pennsylvania law claims, counterclaims and cross-claims”

Cautions

A creditor lost a third deadline-extension request after knowing of a potential claim but failing to investigate it before the discharge-objection deadline.

“Diamond Tool elected not to investigate this claim, learning its status only by the unsolicited communication from another creditor”

A late exemption amendment was disallowed after the trustee had relied on the earlier election and incurred substantial sale-related effort and expense.

“in light of the trustee’s actions and the debtor’s delay, it would be inequitable to permit the debtor to change her mind and now utilize state law to exempt her property”

Signed rulings

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

In re Joseph G. Soppick and Janet A. Soppick
13-16045 · 2014-08-28
Motion to dismiss bankruptcy case (Borough of West Conshohocken) Granted

“On balance, I conclude that the better exercise of discretion is to dismiss this case under section 1307(c).”

Motion for relief from stay (Borough of West Conshohocken) Moot / procedural

“order will also dismiss the two motions for relief from the bankruptcy stay as moot.”

Motion for relief from stay (Joseph G. Soppick and Janet A. Soppick) Moot / procedural
In re Steven Brown and Linda Brown
12-14058 · 2013-09-26
Motion to dismiss bankruptcy case (Mario Ferroni) Granted

“Accordingly, an order will be entered dismissing this chapter 11 case.”

Motion to dismiss bankruptcy case (United States Trustee) Granted
421 Chestnut Partners, LP v. Aloia (In re Aloia)
12-18009; 13-0106 · 2013-07-17
Motion to extend deadline (Diamond Tool & Fasteners, Inc. and 421 Chestnut Partners, LP) Denied

“I will deny Diamond Tool’s and 421 Chestnut Partners’ third motion for an extension of the deadline to object to discharge.”

Motions to dismiss (Thomas Aloia) Granted

“I will also grant the debtor’s motion to dismiss the remaining count of the pending adversary proceeding.”

In re Chynell M. Precise
12-19700 · 2013-06-24
Objection to plan confirmation (Chapter 13 trustee) Granted

“Accordingly, an order will be entered denying confirmation of the debtor’s proposed second modified chapter 13 plan. She will be given leave to file an amended plan by a date certain.”

In re Mushroom Transportation Co., Inc.
85-02575 · 2013-01-17
Application for professional fees (Jennings Sigmond, P.C.) Granted in part

“Accordingly, I will enter an order approving the trustee’s agreement with Jennings, resulting in a voluntary reduction in the fee application”

Drauschak v. VMP Holdings Association, L.P. (In re Drauschak)
12-17697; 12-0544 · 2012-11-01
Motions to remand (The Piazza defendants and joining defendants) Granted

“this adversary proceeding should be remanded so that the state court can resolve promptly the merits of all of the Pennsylvania law claims, counterclaims and cross-claims.”

In re Omega Optical, Inc.
11-13036 · 2012-07-27
Motion to amend proof of claim (Sovereign Bank) Denied

“As this creditor’s lien has been extinguished by virtue of section 1141(c), an amendment to reclassify its claim as secured would now be futile. Accordingly, its motion for leave to amend will be denied.”

Motion for final decree (Omega Optical, Inc.) Denied

“the entry of a final decree is premature, and so will be denied without prejudice.”

In re Canoe Manufacturing Co., Inc.
87-04169 · 2012-02-01
Motion to reopen bankruptcy case (M. Robert Ullman) Denied

“To now reopen a bankruptcy case that was closed in 1995, in order for Mr. Ullman to relitigate these issues would be futile and serve no valid purpose. Therefore, by accompanying order, the motion to reopen will be denied.”

In re Carmella Gibellino-Schultz
10-30669 · 2011-04-11
Motion for relief from stay (Melvyn A. Woloshin and Woloshin, Lynch, Natalie & Gagne, P.A.) Denied

“For reasons that follow, the instant motion shall be denied.”

Adamar of New Jersey, Inc. v. August (In re August)
09-19337; 10-0013 · 2011-03-03

After a multi-day trial, the casino failed to prove nondischargeability, while its litigation position was sufficiently justified to defeat fee shifting.

Best v. Galloway (In re Best)
08-17185; 09-0048 · 2009-07-30
Motion for reconsideration (Ervin J. Best) Denied

“An appropriate order shall be entered denying his motion to reconsider, vacate or amend the June 12th order.”

Keeler v. PRA Receivables Management, LLC (In re Keeler)
08-14079; 08-0334 · 2009-05-04
Motions to dismiss (PRA Receivables Management, LLC and Portfolio Recovery Associates, Inc.) Granted

“the debtor is not entitled to any relief in this proceeding and the defendants’ instant motion to dismiss must be granted.”

Caseload & timing

From public federal docket records for this judge.

All five sampled matters were terminated. Their unusually long durations reflect a fixed sample drawn from the oldest electronically indexed cases and should not be treated as representative of the judge's full docket.

A historical record

Judge Fox 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.