Irvin N. Hoyt
How Judge Hoyt rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Hoyt no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hoyt decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For Chapter 11 feasibility, the court required projections grounded in objective facts.
“A showing of feasibility must be ‘rooted in predictions based on objective fact.’”
Procedural preferences
The court recognized continued post-confirmation assistance when it benefited plan administration and helped debtors respond to later questions.
“Moreover, the Court wants to encourage debtors’ counsel not to abandon their debtors when creditors or the case trustee have questions and concerns during the course of the plan.”
Cautions
Failure to disclose a material professional relationship was independently sufficient to deny all compensation.
“Lynn, Jackson’s failure to disclose its relationship with Fidelity is sufficient cause to deny all compensation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“As discussed below, First Dakota National Bank’s motion will be denied under § 506(b); however, the prepayment charge will be allowed as a component of its secured claim against Debtor under 11 U.S.C. § 502(b).”
“As set forth below, the motion will be granted.”
“As set forth below, the Court concludes that the Trustee’s objection must be sustained and that Debtor is not a head of family under S.D.C.L. § 43-45-4.”
“Trustee Pfeiffer shall then prepare appropriate orders sustaining his objections to the Duininck Brothers’ and United Fire’s claims as provided herein.”
“As set forth below, the Court will sustain the Trustee’s objection.”
“An Order will be entered denying confirmation of Debtor’s plan dated September 13, *859 1995 and setting a deadline for filing a modified plan.”
“FSA’s Motion for Summary Judgment will be granted by separate order.”
“IT IS HEREBY ORDERED that Chapter 7 Trustee John S. Lovald’s Objections to Claimed Exemptions filed February 6, 1992 is OVERRULED.”
“Total allowed compensation and reimbursement from the Brandenbur-ger estate pursuant to this application is $1,169.03, less the $800.00 retainer already received, for a total amount due of $369.03.”
“These conclusions calculate to allowed expenses of $149.36 5 ; compensation for 7.1 hours of services by J. Bruce Blake at $80.00 per hour for $568.00; compensation for 4 hours of services by Joyce P. Gall for $160.00; and sales tax of $43.68 for a total award from the estate of $921.04.”
“An order will be entered denying the Motion for Modification of Automatic Stay and for Setoff filed by the Agricultural Stabilization and Conservation Service.”
“Debtor’s Chapter 12 case must be dismissed because *250 his successive petition and proposed plan of reorganization were not filed in good faith. An order will be entered dismissing the case.”
“Realizing that justice delayed is justice denied, the Court will grant DCB’s motion for relief from the automatic stay in order to expedite the recovery of its collateral.”
“DCB’s motion to convert Reinbold’s case to one under Chapter 7 will also be granted.”
“DCB’s request for terms under Rule 9011 will be denied.”
“DCB’s request for a restraining order relative to the debtor’s collateral will be denied, as such would be more properly considered by the state court.”
A historical record
Judge Hoyt 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.