Arthur N. Votolato
How Judge Votolato rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Votolato no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Votolato decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court treated structured mortgage-loss mitigation as a case-management process that created an opportunity for negotiation without predetermining substantive rights.
“The Loss Mitigation Program is intended to start a dialogue, giving the parties nothing more than the opportunity to discuss their respective positions.”
Procedural preferences
In a repeat-filing case, statutory termination of the stay did not extend to property that remained in the bankruptcy estate.
“termination of the automatic stay under Section 362(c)(3)(A) applies only to the debtor or *17 the debtor’s property, and not to property of the estate.”
Cautions
Repeated efforts to reopen a fully resolved dispute required exceptional circumstances and were constrained by finality and preclusion principles.
“If the principles of finality, res judicata, and estoppel ever needed to be applied, this litigation is it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the objection of Ocwen Loan Servicing, LLC as Servicer of Deutsche Bank National Trust Company, Trustee [Doc. No. 16] to the Debtors’ Request for Loss Mitigation [Doc. No. 12] is OVERRULED.”
“PHH’s Objection to participating in this Court’s loss mitigation program is OVERRULED.”
“the Associations’ request for a finding of trespass against Clambakes is GRANTED IN PART, i e., for the period April 8, 2005 to November 5, 2005”
“the Associations’ claim for reimbursement for plumbing expenses is ALLOWED as filed.”
“The Associations’ claim for as much as $3.5 million for a seven year trespass period, is DISALLOWED”
“Meshanticut’s and the Trustee’s Motions to Dismiss should be, and hereby are DENIED.”
“Saunders’ Objection to the Debtor’s discharge in this case should be, and hereby is SUSTAINED.”
“the Debtor has failed to rebut the presumption of undue hardship, and will not approve this Reaffirmation Agreement.”
“Because of the high volume of litigation concerning these same issues, and the need for controlling appellate *65 guidance on the subject, that request is GRANTED.”
“Ford’s motion to confirm the termination of the automatic stay is GRANTED.”
“The balance of the relief sought by Ford, i.e., requesting authority to repossess and dispose of the vehicle, is DENIED”
“the Trustee’s objection to confirmation is OVERRULED”
“Based on the foregoing discussion, the authorities cited, and the arguments of the parties, Relief From Stay is GRANTED.”
“Therefore, the Debtor’s discharge is REVOKED.”
“Webster Bank’s Complaint Objecting to Discharge is GRANTED.”
“the Debtor’s Carve Out Motion is DENIED.”
“their applications (Doc. Nos 454, 456, 459, 462, 465, 592, and 600) are DENIED as MOOT.”
“the Debtor’s objection to the Court’s Order that she must file the Form B22A upon conversion of her case from Chapter 13 to Chapter 7 is OVERRULED.”
A historical record
Judge Votolato 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.