Francis G. Conrad

How Judge Conrad rules, drawn from 20 signed orders. Every observation links to the order it came from.

Judge Conrad no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the District of Vermont
Position
bankruptcy
Status
No longer serving
Signed orders read
20

How Judge Conrad decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A redemption procedure remained in force because the required filing supplied the information needed for the court to determine compliance with the Bankruptcy Code.

“Our Order simply demands that the information needed to determine whether these agreements comply with the Code be supplied to this Court, no more and no less.”

Procedural preferences

The court used discretionary dismissal to allow a state to litigate in a concurrent state forum even after rejecting its constitutional immunity argument.

“we will exercise our discretion to allow the State to litigate the matter in the State Courts, which have concurrent jurisdiction to determine the issues”

Cautions

An administrative freeze on a post-petition tax refund violated the automatic stay and the confirmed Chapter 13 plan, resulting in damages and fees.

“IRS’ V-freeze violated §§ 362(a)(3) and (6), and that the V-freeze as instituted was is in contempt of Debtors’ Chapter 13 Plan Confirmation Order”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Tanneberger v. Paeplow (In re Paeplow)
· 1998-02-20
Defendants motion for summary judgment (R. Gregory Paeplow) Granted

“Paeplow is entitled to judgment as a matter of law on the Tannebergers’ § 523(a)(4) claim.”

Defendants motion to dismiss section 523a6 claim (R. Gregory Paeplow) Denied

“We deny Paeplow’s Motion to Dismiss the Tannebergers’ § 523(a)(6) claim because a cause of action has been stated.”

Holden v. United States (In re Holden)
· 1999-07-21
Debtors request for stay violation and contempt damages (Debtors) Granted

“We find that IRS’ V-freeze violated §§ 362(a)(3) and (6), and that the V-freeze as instituted was is in contempt of Debtors’ Chapter 13 Plan Confirmation Order.”

In re White
· 1999-03-17
Motion to modify general redemption order (Sears) Denied

“We deny Sears request to modify General Order No. 98-01.”

Holden v. United States (In re Holden)
· 1998-10-14
Motion in limine to exclude emotional distress evidence (Internal Revenue Service) Denied

“The Motion is denied because emotional damages may be compensable under § 362(h).”

Lehman v. New York Higher Education Services Corp. (In re Lehman)
· 1998-07-09
Debtors motion for summary judgment on student loan discharge (Debtor) Denied

“Debtor’s motion for summary judgment is denied and Creditor’s motion is granted.”

Creditors motion for summary judgment on student loan discharge (New York Higher Education Services Corporation) Granted
In re Stoltz
· 1998-05-13
Debtors motion to assume residential lease (Debtor) Denied

“We deny Debtor’s Motion to Assume”

Request for confirmation of chapter 13 plan (Debtor) Denied

“Confirmation of Debtor’s plan, having as its sole purpose assumption of the residential real property lease, is denied as submitted.”

Creditors motions for relief from stay (Housing creditor) Granted

“Creditor’s motions for relief from stay are granted”

In re Meridian Group, Inc.
· 1997-09-03
Motion to retain special counsel nunc pro tunc (Chapter 7 trustee) Granted

“That motion is granted.”

Amresco New England II, L.P. v. Vescio (In re Vescio)
· 1998-11-20

On remand, the court valued the commercial property and retained the confirmation interest rate after evaluating depreciation and default risk.

Independent Bankgroup, Inc. v. Federal Deposit Insurance Corp. (In re Independent Bankgroup, Inc.)
· 1998-02-20
Fdic motion for summary judgment (Federal Deposit Insurance Corporation) Granted

“FDIC’s Motion for Summary Judgment is granted and IBG’s Motion for Summary Judgment is denied.”

Debtors motion for summary judgment (Independent Bankgroup, Inc.) Denied
In re Driscoll
· 1998-07-20
Request to clarify scope of automatic stay (Vermont National Bank) Denied

“We hold that issuance of the Certificate would violate the automatic stay.”

Merchants Bank v. C.R. Davidson Co. (In re CRD Sales & Leasing, Inc.)
· 1999-02-22
Motion for mandatory abstention and remand (Defendants) Denied

“We deny Defendants’ Motion for Mandatory Abstention and Remand”

Request to dismiss case for bad faith (Defendants) Denied

“refuse the request to dismiss the case for bad faith.”

In re Farrar
· 1998-04-02
Motion to avoid judicial lien on homestead (Debtor) Denied

“We sustain Creditor’s objection, holding that her lien is not avoidable.”

Caseload & timing

From public federal docket records for this judge.

All five sampled matters were terminated, but their retained docket streams contained no entries.

A historical record

Judge Conrad 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.