Brenda T. Rhoades
How Judge Rhoades rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Rhoades decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A totality-of-conduct showing can establish willful tax evasion when the evidence extends beyond mere nonpayment.
“The totality of Acker’s conduct distinguishes him from the ‘honest, but unfortunate’ taxpayer for whom the bankruptcy discharge is reserved.”
A resulting trust can defeat a proposed co-owner sale when the estate holds only legal title and would receive no economic benefit.
“Consequently, the debtors’ estate would derive no benefit from a § 363(h) sale of the defendant’s home.”
Procedural preferences
An unopposed summary-judgment request still must establish entitlement to judgment on the record.
“Nevertheless, the U.S. Trustee has the burden of establishing the absence of a genuine issue of material fact and, unless he has done so,”
A properly completed claim receives prima facie effect, leaving the objector to produce contrary evidence rather than rely on a documentation request alone.
“It is, therefore, prima facie evidence of the amount and validity of the claim.”
Cautions
A plan that returns only part of a secured creditor's collateral may fail when it shifts sale costs and downside risk to that creditor.
“Golgart Plan provides a great risk to the Pourchot Parties that they will end up with less than their claim amounts by receiving only a portion of their collateral.”
Missing the deadline to object to an exemption can waive a later attempt to bring the exempt property into the estate.
“The chapter 7 trustee has waived any objection to the withdrawal of Howard’s interest in the IRA from the bankruptcy estate.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Therefore, those tax liabilities are excepted from discharge pursuant to 11 U.S.C. § 523(a)(1)(C).”
“IT IS THEREFORE ORDERED that the IPFS Corporation’s Motion for Summary Judgment (Doc. No. 5) is GRANTED as set forth herein.”
“IT IS THEREFORE ORDERED that the IPFS Corporation’s Motion for Summary Judgment Regarding Counterclaim (Doc. No. 23) is GRANTED as set forth herein.”
“The Pourchot Parties’ Plan meets all of the requirements of § 1129, Golgart’s objections to confirmation of the Pourchot Parties’ Plan will be OVERRULED as set forth in these findings and conclusions.”
“The Pourchot Parties objections to confirmation of the Golgart Plan will be SUSTAINED as set forth in these findings and conclusions, and confirmation of the Golgart Plan will be DENIED.”
“The Court concludes that the Second Motion to Determine Claim Amounts (for Voting and Distribution Purposes) [Doc. No. 357] filed by the Pourchot Parties, as amended at the hearing, will be GRANTED.”
“Golgart’s Motion to Allow Taxing Authority to Amend Their Ballot for Purposes of Voting on the Proposed Chapter 11 Plans of Reorganization [Doc. No. 363] will be GRANTED.”
“The Expedited Motion of the Phillip M. Pourchot Revocable Trust and Starside, LLC to Clarify and/or Reclassify Claim [Doc. No. 412] will be GRANTED and the Normandy Estates HOA’s claim is clarified to be a secured claim under Class 2.3 of the Golgart Plan.”
“Golgart’s Expedited Motion to Strike or Designate Ballot of Normandy Estates Homeowners’ Association [Doc. No. 454] will be DENIED.”
“The Pourchot Parties’ Motion to Designate the Ballot of Wyndsor Pointe Homeowners Association [Doc. No. 443] will be DENIED.”
“Having reviewed the U.S. Trustee’s Motion for Summary Judgment and supporting affidavit, as well as the record in this proceeding, the Court concludes that the U.S. Trustee has failed to establish that he is entitled to the requested permanent injunction as a matter of law. The Deemed Admissions upon which the U.S. Trustee relies focus MEMORANDUM OPINION REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT – Page 7 Case 12-04018 Doc 17 Filed 11/15/12 Entered 11/15/12 11:35:51 Desc Main Document Page 8 of 8 on the Defendants’ conduct with respect to the Debtor, not on whether the Defendants continually engaged in the offending conduct. However, the Court finds and concludes that the U.S. Trustee has established grounds for a narrower injunction pursuant to § 110(j)(2)(A),”
“For the foregoing reasons, the Debtor’s request for a continuance of this adversary proceeding is DENIED and AT&T’s motion for summary judgment is GRANTED.”
“The Court will enter a separate order denying the motions to disqualify the Firm consistent with these Findings of Fact and Conclusions of Law.”
“For the forgoing reasons, it is hereby ORDERED that the Debtor's ‘Objection to Proof of Claim No. 8’ is OVERRULED and the claim is ALLOWED as filed.”
“The Plaintiffs’ objection to the Defendant’s proof of claim shall be sustained in part and overruled in part for the reasons stated in these Findings of Fact and Conclusions of law.”
“Thrasher is hereby awarded compensatory damages in the total amount of $1,000,000 for these claims.”
“Coleman is hereby awarded compensatory damages in the total amount of $400,000 for these claims.”
“White Nile is hereby awarded compensatory damages in the amount of $300,000.”
“Accordingly the Court will enter a separate judgment granting the motion for summary judgment filed by the defendant and imposing a resulting trust on the defendant’s home for the benefit of the defendant.”
“For the foregoing reasons, the Defendants’ motion to dismiss the Plaintiff’s Third Amended Complaint will be granted in part and denied in part.”
“The Plaintiff’s motion to amend her Third Amended Complaint will be denied.”
Caseload & timing
From public federal docket records for this judge.
All six matters were terminated. The Acker adversary supplied one express mixed summary-judgment outcome.
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