John J. Thomas
How Judge Thomas rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Thomas no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Thomas decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A claimed special circumstance required evidence of concrete future hardship and a lack of reasonable alternatives, not merely the existence of nondischargeable debt.
“nothing was offered to suggest that the continuing obligation owing on the student loan debt would render the fresh start unachievable”
Procedural preferences
The court applied a broad construction in favor of debtors while keeping the objector's burden of proof in view when reviewing exemptions.
“Exemptions are generally construed broadly in favor of the debtor.”
Cautions
A Chapter 13 debtor could not assume statutory avoidance powers that the Code assigned to the trustee.
“our own Court of Appeals sides with the majority in concluding that a 13 debtor is unable to utilize these powers”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“That being said, the Debtor/Plaintiffs Motion for Summary Judgment must be denied, and the Defendant’s Cross-Motion for Summary Judgment is granted.”
“ORDERED that the Trustee’s Objections to Claim of Exemptions (Doc. # 14) is overruled.”
“ORDERED that the Debtors’ Motion to Avoid Nonpossessory Nonpurchase Money Judgment Lien, (Doc. #40), is granted.”
“IT IS HEREBY ORDERED that the Debtors’ Objection to Proof of Claim No. 7 (Doc. # 20) is overruled.”
“My Order sustaining the Trustee’s Objection and giving the Debtors 30 days to file an amended plan in conformity with this Opinion will follow.”
“ORDERED that Debtors’ Amended Motion to Recover Previously Undistributed Funds Paid to the Chapter 13 Trustee is grant, in part. The Trustee is Ordered to turnover to the Debtors the sum of $55.45 that remains with the Trustee.”
“ORDERED that Plaintiffs Complaint is granted, in part, and denied, in part. The Complaint is granted to the extent that it requests dischargeability of any claims against the Plaintiff that may arise for negligence or under the Storage Tank and Spill Prevention Act (STSPA).”
“ORDERED that Pepper Hamilton LLP is allowed the sum of One Million Eight Hundred Ninety-Six Thousand Ninety-Six and 80/100 Dollars ($1,896,096.80) for fees and reimbursement of all expenses except those for computer assisted legal research.”
“Application is GRANTED; and it is further ordered that the compensation and reimbursement of expenses requested in the first and second interim applications are hereby allowed on a final basis.”
“The Application is GRANTED.”
“ORDERED that Respondent’s Motion for Summary Judgment (Doc. # 131) is granted.”
“the Motion to Withdraw Unauthorized Stipulation (Doc. # 103) is granted”
“Movant’s Motion for Summary Judgment (Doc. # 134) is denied.”
“ORDERED that Defendant’s Motion to Dismiss the first claim for relief (Violation of the Automatic Stay 11 U.S.C. 362) is DENIED. IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss the second claim for relief (Violation for the Fair Debt Collection Practices Act 15 U.S.C. 1692 et seq.) and the third claim for relief (Violation of the Fair Credit Extension Uniformity Act 73 Pa. C.S.A. 2270.1 et seq.) is GRANTED, without prejudice to the Plaintiffs refiling the claims in a different court.”
“ORDERED that Defendant’s Motion to Dismiss the above-captioned Complaint is denied”
“Such a finding allows me to grant the Motion to Dismiss filed by the United States Trustee”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated, and none retained a docket-entry stream.
A historical record
Judge Thomas 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.