Stacey G. C. Jernigan
How Judge Jernigan rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Jernigan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Punitive damages may follow when a knowing stay violator's conduct is egregious in context, including where bankruptcy counsel repeatedly attempts collection without a valid claim and then fails to appear to explain the conduct.
“For these reasons, the Court has imposed punitive damages equal to $3,000 per stay violation (of which there were four) for a total of $12,000 of total punitive damages.”
Procedural preferences
In the reviewed reaffirmation matter, the court independently examined whether the agreement warranted approval rather than treating the parties’ agreement as self-executing.
“The court ruled that the agreement should be disapproved, pursuant to Section 524(m)(l) of the Bankruptcy Code.”
Cautions
A summary-judgment record that leaves material facts unresolved will not support final adjudication, even when the asserted legal theory is unusual or potentially harsh.
“Summary judgment is denied. There are genuine issues of material fact in dispute (and there are relevant facts that cannot be ascertained from the summary judgment record)”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“During the bench ruling, the Court awarded Debtor-Plaintiff a total of $12,564.90 in damages, of which $564.90 were actual damages and $12,000 were punitive damages, pursuant to 11 U.S.C. § 362(k)(1).”
“MEMORANDUM OPINION AND ORDER DENYING BRUNSWICK HOMES, LLC’S MOTION FOR SUMMARY JUDGMENT”
“MEMORANDUM OPINION AND ORDER GRANTING IN SUBSTANTIAL PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT”
“MEMORANDUM OPINION AND ORDER DENYING MOTION FOR ORDER APPOINTING EXAMINER”
“ORDER GRANTING UNITED STATES TRUSTEE’S MOTION TO DISMISS AS AN ‘ABUSE’ UNDER 11 U.S.C. § 707(b)(1) AND/OR (b)(3)”
“MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART MOTION FOR FINAL SUMMARY JUDGMENT”
“MEMORANDUM OPINION AND AMENDED ORDER DISMISSING CASE WITH PREJUDICE AND IMPOSING ADDITIONAL MONETARY SANCTIONS”
“MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS ADVERSARY PROCEEDING FOR ABUSE OF JUDICIAL PROCESS”
“ORDER (I) APPROVING THE DEBTORS’ DISCLOSURE STATEMENT AND (II) CONFIRMING THE DEBTORS’ THIRD AMENDED JOINT PLAN OF REORGANIZATION”
“the relief requested by the Plaintiff in her Complaint is DENIED IN ALL RESPECTS.”
“ORDER DENYING DEBTOR’S MOTION TO EXCHANGE 12.0717 ACRES OF EAGLE CREST PROPERTY WITH 2.961 ACRES OWNED BY FARMERS BRANCH LOCAL GOVERNMENT CORPORATION”
“ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY OF BANK OF AMERICA, N.A., CONDITIONAL ON CERTAIN ADDITIONAL ADEQUATE PROTECTION BEING PROVIDED TO IT”
“GRANTING MOTION FOR SUMMARY JUDGMENT OF REORGANIZED DEBTOR PLACID OIL COMPANY”
“DENYING MOTION FOR SUMMARY JUDGMENT OF POST-CONFIRMATION TORT CLAIMANTS”
Caseload & timing
From public federal docket records for this judge.
All six matters were terminated. Williamson supplied two express post-trial motion outcomes; the archive returned no entries for the five early sampled streams.
Draft for Judge Jernigan with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Jernigan, and what has not, cited to the signed orders.
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