Stephen C. St. John
How Judge John rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge John decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
The statutory elements for a temporary credit-counseling exemption are conjunctive, so failure to show a request for counseling is fatal.
“In the instant case, the Debtor has failed to make a showing, either through his Original Certificate, his Amended Certificate, or during the hearing, that he made any request for credit counseling services.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“However, because the Debtor has failed to satisfy the requirements under Section 109(h)(3)(A), this Court has no discretion to permit the Debtor an extension of time to obtain the credit counseling required under the statute.”
“Accordingly, the Court ORDERS that the above-captioned bankruptcy case is DISMISSED.”
“A separate order sustaining in part and overruling in part the Trustee’s Exemption Objection for the reasons set forth above shall be entered.”
“Separate orders denying the Motion to Amend and awarding summary judgment to Porter and dismissing the Complaint of the Trustee will be entered by the Court.”
“The Motion to Amend of the Trustee is untimely and prejudicial to Porter and must be denied.”
“For the reasons set forth above, the Court finds that the Partial Summary Judgment Motion should be granted as to the defense and counterclaim of the Chapter 7 Trustee of recharacterization and should be denied as to the validity of the Drake Lien.”
“The Discharge Order and the in-junctive provisions of § 524 enjoin Nunnery and Klein (i) from continuing the N.C. Fraudulent Transfer Proceeding against Rountree and (ii) from initiating any action against Rountree to collect on the judgment in personam. The continuation of the N.C. Fraudulent Transfer Proceeding against the DeWolfs violates neither the Discharge Order nor the injunctive provisions of § 524. To the extent the Motion for Summary Judgment seeks injunctive relief against Nunnery and Klein from continuing the N.C. Fraudulent Transfer Proceeding against the De-Wolfs, relief shall be denied.”
“Accordingly, the Short Objection should be overruled.”
“As the Plan fails to provide for the payment of the liability of Short to the IRS, the IRS Objection to *41 confirmation should be sustained and confirmation of the Plan should be denied.”
“After much evidentiary review and careful legal analysis, this Court concludes that expense reimbursement of $536.31 must be allowed in the Wyche Case, and expense reimbursement of $338.54 must be allowed in the Brewer Case. Expenses exceeding those amounts must be denied, as the applicants failed to meet their burden to demonstrate that they are ‘actual and necessary’ within the meaning of 11 U.S.C. § 330(a).”
“The Claim Objection filed by Smith to Proof of Claim Number 8 filed by Leach *632 must be sustained.”
“A separate Order will be entered, consistent with this Memorandum Opinion, recognizing the petition and denying the Trustee’s request for a prefiling injunction against Loy.”
“A separate order will be issued sustaining in part the Claims Objections, denying the Motions for Sanctions, granting the Motions to Withdraw Claim Number 1 and Claim Number 9, and overruling the Objections to Withdrawals.”
“Accordingly, Sun-Trust’s Complaint should be dismissed under Federal Rules of Civil Procedure 12(b)(1) and 12(h)(3), as incorporated by Federal Rule of Bankruptcy Procedure 7012.”
“Accordingly, the Objection of HSBC to the Plan should be overruled, and the Debtors’ Plan should be confirmed.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters were terminated. Watson supplied one express contested outcome; the five other sampled matters supplied no classifiable ruling.
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