Frank J. Santoro
How Judge Santoro rules, drawn from 3 signed orders. Every observation links to the order it came from.
How Judge Santoro decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A garnishing creditor must act affirmatively after notice of bankruptcy, but counsel is not invariably required to draft the dismissal order when counsel cooperates and does not refuse dismissal.
“As a legal principle, however, compliance with the automatic stay does not mandate that counsel for the judgment creditor undertake the legal work necessary to prepare the dismissal order in every instance.”
Cautions
Poor communication can prolong a simple garnishment dismissal without establishing a willful stay violation.
“To the extent that there was any delay between notification of the bankruptcy petition and preparation of the Dismissal Order, it was due to a misunderstanding of the requirements imposed by the automatic stay and miscommunication between the parties (or, more accurately, a nearly complete lack of professional communication).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Court finds that the Motion to Hold Defendant in Contempt of Court for Violation of the Automatic Stay should be denied.”
After trial, the court held a personal-injury judgment nondischargeable as a willful and malicious injury.
“The Motion to Revoke Recognition is DENIED WITHOUT PREJUDICE. The Debtor may file pleadings to revisit this ruling if and when he is prepared to complete fully the record.”
Caseload & timing
From public federal docket records for this judge.
All six usable reviewed matters were terminated. Four streams supplied express plan, claim, stay-relief, objection, dismissal, employment, sale, compensation, procedural, and final-decree outcomes.
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