G. Harvey Boswell

How Judge Boswell rules, drawn from 10 signed orders. Every observation links to the order it came from.

Judge Boswell no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Western District of Tennessee
Position
bankruptcy
Status
Retired 2012
Served
1993–2012
Commissioned
1993-11-16
Education
University of Tennessee at Martin, B.S., 1969; University of Memphis Cecil C. Humphreys School of Law, J.D., 1979
Signed orders read
10

How Judge Boswell decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

Procedural preferences

A request for default judgment was separated from the antecedent entry-of-default step required by Rule 55.

“the Court must deny it in so far as it seeks a default judgment against Justin Thornton; however, to the extent that the motion can be construed as an application for entry of default against Justin Thornton, the Court will grant that application.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Don & Patricia Hopper
04-14185 / 04-5377 · 2006-03-20
Motion for summary judgment based on default judgment preclusion (Woodlist, Inc.) Denied

“the Plaintiff’s ‘Motion for Summary Judgment’ is DENIED.”

In re Harlon Patrick Hryhorchuk
97-10601 / 06-5242 · 2007-05-02
Contempt complaint for postdischarge collection (Harlon Patrick Hryhorchuk) Denied

“the Debtor’s contempt complaint against Ohio Casualty Insurance is DENIED”

Request to determine ohio casualty debt discharged (Harlon Patrick Hryhorchuk) Granted

“the debt owing to Ohio Casualty was discharged on March 1, 2002”

In re C & W Manufacturing, Inc.
05-15437 · 2007-07-20
Objection to chapter 11 plan confirmation (Edward Carpenter and Gageco) Denied

“the Objection to Confirmation filed by Edward Carpenter and Gageco is OVERRULED”

Motion for chapter 11 cramdown (C & W Manufacturing, Inc.) Granted

“the Debtor’s ‘Motion for Cramdown’ is GRANTED”

Request for confirmation of chapter 11 plan (C & W Manufacturing, Inc.) Granted

“the Debtor’s Plan is hereby CONFIRMED.”

In re Jimmy and Judy Elaine Thornton
08-14039 / 09-5088 · 2009-11-24
Default judgment (The Chapter 13 trustee) Denied

“the Court must deny it in so far as it seeks a default judgment against Justin Thornton”

Application for entry of default (The Chapter 13 trustee) Granted

“to the extent that the motion can be construed as an application for entry of default against Justin Thornton, the Court will grant that application.”

In re Willie Lee and Angela D. Cook
04-12129 / 09-5129 · 2009-12-14
Expedited motion for contempt and sanctions (Willie Lee and Angela D. Cook) Denied

“the debtors’ motion for contempt must be denied.”

Motions to dismiss for insufficient service (The Tennessee Attorney General and City of Jackson) Moot / procedural

“motions in abeyance until after a hearing on the Rule 4(m) issue.”

In re Southern Farmland Properties, Inc.
09-14165 · 2010-05-18
Motion to amend finding on amount of secured debt (Southern Farmland Properties, Inc.) Granted

“The Court will grant the debtor’s motion as it relates to this issue”

Motion to amend finding on equity in property (Southern Farmland Properties, Inc.) Granted

“will grant the debtor’s motion as it relates to the issue of equity”

Motion to amend relief from stay under section 362 d 2 (Southern Farmland Properties, Inc.) Granted

“the Montgomerys were not entitled to relief from the automatic stay under 11 U.S.C. § 362(d)(2).”

Motion for relief from stay for cause under section 362 d 1 (The Montgomerys) Granted

“the Montgomerys have demonstrated that cause to grant them relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1).”

In re Larry D. Morris
08-12647 · 2010-06-07
Motion to lift stay for insurance only personal injury suit (Tina Benham) Moot / procedural

“Tina Benham’s ‘Motion to Lift Stay to Allow for Pursuit of State Court Personal Injury Claim Solely for the Purpose of Recovering from Debtor’s Insurer’ is MOOT.”

Request to sue discharged debtor as nominal defendant for insurance recovery (Tina Benham) Granted

“Tina Benham is HEREBY AUTHORIZED to bring suit against Larry D. Morris as a NOMINAL DEFENDANT ONLY”

Stephens v. Morrison
09-14982 / 10-5041 · 2011-05-26
Complaint for nondischargeability under section 523 a 6 (Joseph S. Stephens) Granted

“the Plaintiff is hereby GRANTED a non-dischargeable judgment”

Claim for nondischargeability under section 523 a 2 a (Joseph S. Stephens) Denied

“the plaintiff’s claims for judgment pursuant to 11 U.S.C. §§ 523(a)(2)(A), 523(a)(4) and 727(a)(3) are DENIED.”

Claim for nondischargeability under section 523 a 4 (Joseph S. Stephens) Denied
Objection to discharge under section 727 a 3 (Joseph S. Stephens) Denied
Tyson v. United States Department of Agriculture
10-13207 / 10-5246 · 2011-06-07
Request to set aside postpetition foreclosure sale (Lakeyda Renee Tyson) Granted

“the sale should be set aside and the November 24, 2004, deed of trust transferring the property to the debtor should be restored.”

Request for actual damages for willful stay violation (Lakeyda Renee Tyson) Granted

“the Debtor is entitled to an award of actual damages against Hunt under 11 U.S.C. § 362(k)”

Request for punitive damages for stay violation (Lakeyda Renee Tyson) Denied

“an award of punitive damages is not appropriate in this case.”

Adjudication of hunt crossclaims against usda (Ricky Hunt) Moot / procedural

“the Court is without jurisdiction to hear Hunt’s claims against USDA and will therefore abstain from adjudicating those claims.”

In re Melinda Kay Holdeman
10-10713 · 2011-11-09
Motion for relief from premature disbursement order (The United States Trustee) Granted

“the Court will grant the United States Trustee’s motion and enter an order setting aside the September 1, 2011, ‘Order Granting Motion Authorizing/Directing Chapter 7 Trustee to Disburse Funds.’”

Caseload & timing

From public federal docket records for this judge.

All five matters were terminated, but the archive returned no docket entries for any sampled stream.

A historical record

Judge Boswell 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.