Helen E. Burris
How Judge Burris rules, drawn from 30 signed orders. Every observation links to the order it came from.
How Judge Burris decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Repeated notice followed by continued collection and eviction activity can establish a willful stay violation and support punitive relief.
“Strong has met his burden to establish that American willfully violated the automatic stay, warranting the award of actual and punitive damages.”
Procedural preferences
A party seeking to reduce a tax claim must provide sufficiently reliable evidence for the court to determine or estimate the claimed deductions.
“Debtors have failed to meet their burden to present evidence sufficient and reliable enough to allow the Court to make even an approximate guess on the amount of any deduction and thus have failed to show that the IRS’ claim should be reduced.”
Cautions
Preliminary injunctive relief requires a clear connection to the complaint and a showing of imminent rather than speculative harm.
“the Trustee has failed to meet his burden to clearly show that the extraordinary relief of the requested injunction is appropriate.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion for Sanctions for Willful Violations of the Automatic Stay and Violations of the Discharge Injunction is granted as indicated herein;”
“The Motion to Modify and Lift Stay filed by Greenville Federal Credit Union is granted, and the automatic stay of 11 U.S.C. § 362 is terminated as to the 2019 Infiniti QX60”
Court-initiated sanctions proceeding retained as reviewed context but excluded from motion statistics.
“IT IS, THEREFORE, ORDERED the Objection to Claim No. 6-4 filed by Debtors William Cooper Lee and Tracy Quick Lee on May 2, 2023, is overruled.”
“IT IS, THEREFORE, ORDERED the Firm’s fees are allowed and disallowed as set forth herein, and as a result the Firm shall pay Cooper $1,486.00 within twenty-one (21) days of the entry of this Order.”
“Accordingly, the Firm’s Sanctions Motion is denied.”
“IT IS, THEREFORE, ORDERED that the Objections to Claim filed by the Trustee are sustained. The claims in the attached Exhibit A are disallowed.”
“Pursuant to 11 U.S.C. § 329(b), the retainer agreement between Recovery Law Group, APC and Debtor Carnetha Shont’e White is void and cancelled;”
“Wells Fargo’s Motion for Relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) is granted, and Wells Fargo may pursue any remedies it has under state law”
“Wells Fargo’s Motion to Dismiss pursuant to 11 U.S.C. § 1112 is denied.”
“For the foregoing reasons, the Motion to Reopen pursuant to § 350(b) is denied.”
Post-trial judgment retained as reviewed context but excluded from motion statistics.
Court-initiated sanctions proceeding retained as reviewed context but excluded from motion statistics.
“confirmation of the Chapter 13 plan filed by Debtor Matthew Ryan Niemiec on June 26, 2024, is denied pursuant to 11 U.S.C. § 1325(a)(3), (6) and (7);”
“The Motion to Convert this case to Chapter 7 is granted pursuant to 11 U.S.C. § 1307(c)(1)”
Caseload & timing
From public federal docket records for this judge.
Two sampled 2020 matters had terminated; the two newer matters remained pending and supplied the motion timelines.
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