M. Ruthie Hagan
How Judge Hagan rules, drawn from 10 signed orders. Every observation links to the order it came from.
How Judge Hagan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforcement serves the orderly administration of the case when delay would impair a Chapter 7 debtor's fresh start.
“The appeal pending in the District Court is likely to extend into years, undermining the Chapter 7 Debtor’s fresh start and the goals and purposes of the Bankruptcy Code.”
Actual damages for a stay violation must be supported with reasonable certainty; the court awarded documented losses but excluded an unexecuted contract as speculative.
“The Court will accordingly deduct the amount claimed under the Taylor contract from the Debtor’s damage award, resulting in damages in the amount of $58,900 awarded to the Debtor”
A prepetition retainer may fund approved estate-professional fees when counsel holds the controlling perfected interest and a competing lender has no interest in those funds.
“Because iBorrow has no interest in the Pre-Petition Retainer, the Pre-Petition Retainer is not cash collateral.”
Procedural preferences
Court-ordered deadlines are enforced even when a filing is only one day late and the reason for delay remained within counsel's control.
“Late is, simply, late.”
Cautions
A contract dispute does not become nondischargeable without proof of the statutory elements of fraud or willful and malicious injury.
“The facts of this case establish, at most, a breach of contract action”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court finds that the Debtor’s Motion to Enforce Sanctions Order and Compel Payment is granted.”
“For these reasons, the Court hereby awards to Debtor, to be paid by Landlord, attorney’s fees in the amount of $1,993.75 for Mr. Byrd’s fees incurred in prosecution of this adversary proceeding.”
“The Court will accordingly deduct the amount claimed under the Taylor contract from the Debtor’s damage award, resulting in damages in the amount of $58,900 awarded to the Debtor, to be paid by Landlord, arising as a direct result of Landlord’s willful violation of the automatic stay.”
“For these reasons, the Court determines that punitive damages are appropriate pursuant to 11 U.S.C. § 362(k)(1) and awards the Debtor, to be paid by Landlord, an amount equal to her attorney’s fees, or an additional $1,993.75.”
“In its discretion, the Court finds that as an appropriate sanction Debtor should be awarded and should be paid by Landlord an amount equal to her attorney’s fees, which amounts to an additional $1,993.75.”
“Based on the facts presented, the Court finds that Plaintiff’s Complaint seeking to except the judgment debt from discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(2)(B), and (a)(6) is denied.”
“The facts of this case establish, at most, a breach of contract action, and the Court accordingly finds that Defendant is entitled to recover her costs and attorney’s fees as set forth in § 523(d).”
“Because the Court has subject matter jurisdiction of this adversary proceeding, the Court will enter an order denying Defendant's motion to dismiss.”
“THEREFORE, the Motion to Strike is GRANTED.”
“For the reasons set forth below, Debtor’s Subchapter V Plan, as amended, is confirmed pursuant to 11 U.S.C. § 1191.”
“Plaintiff’s Motion for Default Judgment and request for attorney’s fees is accordingly DENIED and this adversary proceeding is hereby DISMISSED.”
“Plaintiff’s request for attorney’s fees is therefore denied.”
“The First Application for Allowance of Glankler Brown, PLLC for Compensation and Reimbursement of Expenses to Attorneys for Debtor in Possession [DE 111] is APPROVED to the extent provided herein.”
“The Limited Objection [DE 129] is OVERRULED.”
“Therefore the Court must find that Debtor’s counsel’s Applications for Compensation [DE 141, DE 142] are hereby DENIED”
“the Creditors’ objections are [DE 151, DE 153] are SUSTAINED.”
“the Court grants Debtor’s Motion to limit the fees set forth in the Creditor’s Rule 3002.1 Notice to $350.00.”
“The Court denies Creditor’s request for additional fees incurred in defending against the Motion.”
Caseload & timing
From public federal docket records for this judge.
Five historical matters were terminated and the Sanders matter remained pending in the index. The historical streams supplied no text-grounded contested outcome; Sanders supplied nine express outcomes.
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