Thomas M. Twardowski
How Judge Twardowski rules, drawn from 15 signed orders. Every observation links to the order it came from.
Judge Twardowski no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Twardowski decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court treated the parties' contract language as especially important evidence of whether a mobile home was intended to remain personal property.
“Perhaps the most compelling evidence of the intention of the parties, however, lies in the wording of their contract.”
Procedural preferences
A plan could not eliminate a lien without the separate procedural step required to contest the lien itself.
“Our holding today that a debtor may not cramdown and avoid a secured creditor’s lien through the plan confirmation process without first taking an ‘affirmative step’ such as filing an adversary complaint to avoid the lien or filing an objection to the secured creditor’s proof of claim”
Cautions
A substantial equity cushion could preserve the stay temporarily, but prolonged delay in confirming a plan remained a serious risk.
“As the case approaches the two year mark, however, we must warn that significant progress must be made to confirm a plan in order to stave off relief from the stay in the future.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“JUDGMENT ON THE COMPLAINT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT and the obligation in issue is hereby determined to be DISCHARGEABLE under 10 U.S.C. § 2005(d).”
“Plaintiff may bifurcate Defendant’s claim under section 506(a).”
“Debtors’ objections to the proofs of claim filed by the Taxing Authorities are hereby OVERRULED as the court finds that 11 U.S.C. § 506(b) does not apply to the pre-petition attorneys’ fees and costs contained in the proofs of claim.”
“the Chapter 13 Trustee’s objection to confirmation of Debtors’ chapter 13 plan is SUSTAINED.”
“it is hereby ORDERED and DECREED that the Motion is hereby GRANTED.”
“Accordingly, we grant Movant’s section 362(d)(1) motion.”
“JUDGMENT ON THE COMPLAINT IS ENTERED IN FAVOR OF DEFENDANT as the court finds that Defendant’s mortgage is protected by the anti-modification provision contained in 11 U.S.C. § 1322(b)(2) and cannot be bifurcated.”
“For the reasons that follow, we grant the motion for remand.”
“Having determined that the proceeding should be remanded to state court, the motion to transfer the proceeding to the Connecticut Bankruptcy Court is moot and need not be addressed.”
“For all of the reasons outlined above, we sustain Litton’s objection to confirmation of Debtors’ amended plan.”
“For all of the foregoing reasons, we conclude that the debt in question is not rendered nondischargeable under 11 U.S.C. § 523(a)(4) or (6).”
“Rhodes’ cause of action is time barred and C & G’s objection to his proof of claim must be sustained.”
“the Trustee’s objection to MAICO’s claim is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated. Two streams retained motion dispositions attributable to the assigned judge.
A historical record
Judge Twardowski 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.