William B. Washabaugh Jr.
How Judge Washabaugh rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Washabaugh no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Washabaugh
William B. Washabaugh Jr. began serving as a federal bankruptcy referee in Erie in July 1959 and became the city’s first bankruptcy judge after the judicial office was established in 1978. He retired in March 1985. He earned degrees from Princeton University and the University of Pittsburgh School of Law.
How Judge Washabaugh decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Transfers to controlling insiders received close scrutiny, particularly where they exhausted company funds while other creditors went unpaid.
“Transactions between a debtor-corporation and its controlling officers must be scrutinized.”
Procedural preferences
A properly addressed and mailed court notice carried a strong presumption of receipt that general nonreceipt assertions did not overcome.
“The presumption that the addressee of properly addressed mail received the same in due course is virtually irrebutable”
Cautions
Belated lien-avoidance requests risked denial when creditors had reasonably relied on a closed case and incurred enforcement costs.
“when not applied for with reasonable promptness secured creditors are entitled to assume their secured status is not subject to further disruption”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motions of third-party defendants Elmer R. Hallstrom, Sturgeon Engineering, Inc., R. H. Sieminski & Co., Inc., Interstate Amiesite Corporation and James H. Ferg t/d/b/a Hinkel Plumbing and Heating Company for summary judgment and for dismissal of the third-party complaints against them are granted”
“the rights of the debtors in the subject liquor license are subject to their claim for exemption under 11 U.S.C. § 522(d)(5) subject to the above mentioned powers of regulation of the Commonwealth of Pennsylvania free and clear of any security interest of the defendants”
“the debtor’s petition to reopen the case a second time for the scheduling of hearings on his complaint to avoid the lien of the Union Bank’s Charging Order ... should be denied”
“It is our conclusion that the discretion we have to open closed cases under proper circumstances should not be exercised to grant the relief here prayed for over a secured creditor’s objection when the debtor procrastinated in applying therefor to the extent here involved and the lien sought to be avoided was obtained in a somewhat extraordinary adversary proceeding to effect collection in the Court of Common Pleas shortly before the case was filed.”
“IT IS ORDERED that the plaintiff’s Complaint for relief from stay and for possession of the premises at 1015 State Street, Erie, Pennsylvania be, and the same hereby is, granted”
“It follows that judgment should be entered in favor of the plaintiff against the defendants in the sum of the withdrawn funds of $20,261.00”
“their obligation to pay said judgment to the trustee of the corporate-debtor should be held non-dis-chargeable”
“the rights of the debtors in the subject liquor license are subject to their claim for exemption under 11 U.S.C. 522(d)(5) ... free and clear of any security interest or levy thereunder”
“the prayer of the foregoing Complaint, be, and the same hereby is, granted in respect to the lien of Commodore Consumer Discount Company”
“the automatic stay provided by Section 362 of the Bankruptcy Code of 1978 be, and the same hereby is, vacated and terminated”
“the Motion of the trustee to dismiss the Plaintiff’s Complaint for release and recon-veyance of the lease dated July 16,1976 and the unmined coal on the leased premises is granted”
“the trustee shall pay said bank the additional sum of $4,022.06 from the debtor’s post-petition collections ... and that the balance of said funds shall be retained by the trustee as property of the estate”
“the Glacial Coal Company, in-tervenor, shall pay the accumulated royalties and sums it is holding in escrow ... to the First National Bank of Fryburg”
“said premises are hereby released from the lien of the judgment of the Union Bank”
Caseload & timing
From public federal docket records for this judge.
No assigned historical case was returned, so no caseload or duration sample could be formed.
A historical record
Judge Washabaugh no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.