Randal S. Mashburn
How Judge Mashburn rules, drawn from 11 signed orders. Every observation links to the order it came from.
How Judge Mashburn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Intent to commit fraud or broader business misconduct does not by itself establish intent to cause the injury required by Section 523(a)(6).
“Evidence of intent to commit fraud, engaging in a fraudulent scheme, or generalized business misconduct does not prove that the debtor intended to cause the injury reflected in the judgment debt.”
Procedural preferences
Issue preclusion was unavailable where the party relying on a state judgment did not show that its fraud language was necessary to that judgment.
“SunTrust failed to meet its burden. Accordingly, summary judgment cannot be granted based on principles of issue preclusion.”
Cautions
A mistaken omission from bankruptcy disclosures does not warrant denial of discharge without knowing and fraudulent intent.
“An honest mistake is not cause for denial of discharge.”
A Chapter 11 dismissal request requires evidence supporting bad faith or showing that both the debtor and creditors would benefit; a member's preference for state court is insufficient.
“Mr. Ghodasara has not presented any evidence to support that the Debtor’s and creditors’ interests are best served in state court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated, Ms. Mey’s claim that the Judgment debt be declared nondischargeable pursuant to 11 U.S.C. § 523(a)(6) is denied.”
“Ms. Mey’s claim that Mr. Thompson be denied discharge pursuant to 11 U.S.C. § 727(a)(4)(A) is also denied.”
“Her claim that Mr. Phillips be denied discharge pursuant to § 727(a)(4)(A) is granted.”
“Summary judgment is granted to Mr. Russell and the violation of automatic stay claim will be dismissed.”
“Summary judgment is granted to Mr. Russell on the two claims remaining against him: violation of the automatic stay, 11 U.S.C. § 362, and trespass.”
“The Court hereby denies the cross-motions for summary judgment.”
“the Court will enter an appropriate order granting the trustee’s motion to dismiss because Mr. Wilhoite’s amended complaint fails to state a claim for relief that can be granted under Federal Rule of Civil Procedure 12(b)(6).”
“the Court therefore GRANTS Bank of America’s Motion for Summary Judgment”
“and DENIES the Trustee’s Motion for Summary Judgment.”
“the Court grants Ms. Colebrook’s application”
“her complaint against Mr. Thompson is dismissed.”
“Ms. Colebrook’s complaint against the other defendants is dismissed without prejudice due to the Court’s lack of jurisdiction and/or abstention.”
“For the reasons stated, Mr. Ghodasara’s motion to dismiss is denied.”
“For the reasons stated, summary judgment is denied, and an appropriate order will be entered.”
“this Court’s order of October 5, 2011, disallowing the claim of BOA will be set aside.”
“That action renders the other issues in this case moot.”
“the court GRANTS IN PART AND DENIES IN PART Metro’s objection to confirmation.”
“The objection to confirmation raised by Metro is overruled.”
Caseload & timing
From public federal docket records for this judge.
Five sampled matters were terminated and supplied no classifiable ruling. Thompson remained pending when reviewed and supplied one express summary-judgment outcome.
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