Hal J. Bonney Jr.
How Judge Bonney rules, drawn from 16 signed orders. Every observation links to the order it came from.
Judge Bonney no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bonney decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A retirement arrangement was protected when its transfer restrictions were enforceable under the governing state law and served the public policy favoring provision for old age.
“While generally public policy rejects that, public policy favors making provision for one’s old age.”
A creditor's claim to special treatment failed when the governing discharge provision did not distinguish the lender from competing commercial institutions.
“Banks and credit unions are competitors in the lending business and should not be treated differently in a dischargeability proceeding.”
Procedural preferences
A creditor challenging Chapter 13 relief had to use confirmation and good-faith procedures rather than Chapter 7 discharge provisions.
“The issue of ‘good faith’ can be raised by an objection to the confirmation of the Chapter 13 plan.”
Cautions
A lender could assess future credit neutrally but could not deny all member services solely because of a bankruptcy filing.
“it may not discriminate on the sole grounds of bankruptcy. There must be a fair, unbiased consideration.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The debt of the debtor, Tracy Marie Gibson, to the Commonwealth of Virginia’s State Education Assistance Authority is discharged in bankruptcy.”
“The Court finds the debt discharged.”
“Since the debtor cannot meet the jurisdictional threshold test of § 109(e), confirmation is denied and the case is hereby dismissed.”
“Therefore, the application to proceed in forma pauperis must be, and it hereby is, DENIED.”
“The time for perfecting the appeal by paying the $105.00 fee is hereby extended by ten (10) days from October 30, 1992 to November 10, 1992.”
“IT IS ORDERED that the objections to confirmation of the debtors’ Chapter 13 Plan filed by Hampton VA Federal Credit Union be, and they hereby are, overruled.”
“The Court also found that lack of willfulness in a violation of the stay is not a defense, that the IRS violated the automatic stay with reckless disregard, and that the IRS is in contempt of Court for having done so.”
“It is ORDERED that the IRS is enjoined from proceeding against the Debtor”
“It is further ORDERED that the IRS shall pay to debtor the uncontroverted amounts of $475.00 compensatory damages plus $700 as attorney’s fees”
“It is ORDERED that Debtor is awarded $3,525 in punitive damages, for a total of $4,700 in favor of Debtor against the Internal Revenue Service.”
“The motion to reaffirm the debt to Newport News Educators’ Credit Union is denied.”
“Newport News Educators’ Credit Union is hereby permanently enjoined from use or enforcement of any policy which in any manner discriminates against members solely on the grounds of having filed bankruptcy.”
“ACCORDINGLY, the Injunction is hereby denied.”
“The position at SHAPE is no longer available. He has no cause for complaint here.”
“Clearly, though, the Army shall not, by authority of 11 U.S.C. §§ 525 and 105, discriminate against him in such areas as career, pay, benefits, opportunity, etc.”
“The Court overrules the Trustee’s objection and allows the debtor’s claimed exemption.”
“It is ORDERED that the Complaint in this proceeding be, and it is hereby, DISMISSED with prejudice.”
“Therefore, the Motion of the debtor cannot be granted; the Internal Revenue Service is entitled to the interest it claims.”
Caseload & timing
From public federal docket records for this judge.
All ten sampled matters were terminated, and every retained entry stream was empty.
A historical record
Judge Bonney 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.