John C. Cook
How Judge Cook rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Cook no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cook decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Fraud-based nondischargeability can be established when use of a financing instrument implies an intent to comply with essential conditions and the evidence shows the borrower intended otherwise at the time of use.
“An intent not to comply with the conditions of usage, evident at the time of the usage, would amount to a misrepresentation”
Procedural preferences
A secured creditor may amend a timely claim to state a post-foreclosure deficiency when the amendment arises from the same transaction and reaches the trustee before distribution.
“the trustee became aware of these amended claims before any distribution was made”
A confirmed plan should state secured treatment clearly; an incorrect but specific valuation can bind, while internally contradictory nominal treatment may not.
“an incorrect valuation is still a specific valuation”
Cautions
Communications directed only to the debtor do not substitute for a timely proof of claim or another filing directed to the court or estate representative.
“debtor's knowledge of the claim has never been held sufficient to constitute an informal proof of claim”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because neither Grant, Konvalinka & Harrison nor John Konvalinka is a party in interest with standing to object to the trustee’s proposed settlement, the court will overrule their objections”
“the court would exercise its discretion to deny such a motion for the same reasons that it holds the law firm and Mr. Konvalinka to lack standing to oppose the compromise and settlement.”
“Accordingly, an order will enter granting the FDIC’s motion to dismiss for lack of subject matter jurisdiction against that defendant.”
“Having reviewed the motions, briefs, affidavits, and other related filings, the court will grant the plaintiff's motion.”
“the court concludes, for the reasons that follow, that the postpetition cash generated from the debtor’s business does constitute cash collateral”
“The trustee’s motion for partial summary judgment will therefore be denied because he cannot prove a violation of the stay.”
“The United States’ motion for summary judgment will be granted insofar as it requests dismissal of the complaint initiating this adversary proceeding.”
“the court will deny both motions and dismiss this proceeding without prejudice.”
“For the foregoing reasons, the court will enter a separate judgment for the plaintiff.”
“the court will enter an order sustaining Caterpillar Financial Service Corporation’s objection to the trustee’s final report”
“overruling the trustee’s objections to the claims of Caterpillar, Jose Rocha, Efrain Lara, and Aztec Framing Contractors, Inc.”
“the defendant, U.S. Xpress Enterprises, Inc., may retain its recoupment of $148,081.24. The trustee is entitled to recover the sum of $86,722.60”
“the trustee’s motion to alter or amend the order dismissing the adversary proceeding against the United States will be denied.”
“the government’s motion for turnover will be treated as an application to relinquish this court’s jurisdiction over the res to the District Court for the Middle District of Florida, and the court will grant the application.”
“an order will enter an order granting the defendant’s motion to dismiss Counts I, III, IV, and V of the complaint but denying the motion to dismiss Count VI.”
“For the foregoing reasons, the court will enter a separate order and judgment dismissing the plaintiffs complaint.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated; their retained docket streams were empty.
A historical record
Judge Cook 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.