Jean K. FitzSimon
How Judge FitzSimon rules, drawn from 33 signed orders. Every observation links to the order it came from.
Judge FitzSimon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge FitzSimon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In discharge litigation, unsupported explanations did not substitute for records that allowed creditors and trustees to verify the debtor's financial history.
“Creditors and trustees are not obligated to accept a Debtor’s words in place of records. They are entitled to records which corroborate a debtor’s statement regarding his financial affairs and enable them to verify the accuracy of it.”
Cautions
Repeated and willful discovery noncompliance, after lesser directives failed, supported the severe sanction of default judgment.
“the Court concludes that this ordeal was caused, in large part, by the Defendant’s willful refusal to comply with discovery orders and agreements.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons which follow, the Motion will be denied and granted in part.”
“Default judgment in favor of AAF will be entered.”
This decision followed an adversary trial rather than resolving a motion.
“For the reasons set forth above, Cheshire’s motion to dismiss shall be granted.”
“Moreover, since it would be futile to allow Debtor to amend the Complaint, Debtor’s motion for leave to amend shall be denied.”
“Based on the record before the Court on the Motion, there are no disputed issues of material fact and the Plaintiffs are entitled to judgment as a matter of law.”
“Upon consideration of the record on summary judgment, the Court shall grant summary judgment in favor of the UST and deny the Debtor a discharge pursuant to 11 U.S.C. § 727(a)(3).”
This decision followed a two-day adversary trial rather than resolving a motion.
“The Debtors’ Motion shall be denied because no purpose would be served by reopening the Debtors’ bankruptcy cases.”
“determinations made at the January 23, 2013 hearing is hereby denied.”
“Defendant’s Motion for Sanctions is hereby denied.”
“The Motion is DENIED with regard to Count VIII, but GRANTED with regard to Count IX; Count IX will be dismissed with regard to Defendant Deborah Agnew.”
“The Debtor’s objection to the Plaintiff’s proof of claim is DENIED.”
This decision followed an adversary trial rather than resolving a motion.
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated; the oldest business case remained open for more than twenty-seven years.
A historical record
Judge FitzSimon 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.