Heather Z. Cooper
How Judge Cooper rules, drawn from 25 signed orders. Every observation links to the order it came from.
How Judge Cooper decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A governmental contempt fine was nondischargeable where it was penal, payable to the government, and not compensation for an actual pecuniary loss.
“The plain language of § 523(a)(7) excepts from discharge: a debt to the extent it is for a fine, penalty or forfeiture owed to the government, so long as it not compensation for actual pecuniary loss.”
A contractual fee request failed where the lender showed an event of default but not the separate affirmative step required to invoke the agreement’s default remedies.
“VSAC produced no evidence it affirmatively exercised its option to place Debtor’s student loans in default, which is required under the plain language of the Credit Agreements to trigger the default remedies which include attorney fees and costs.”
Procedural preferences
The court enforced local consultation requirements before considering a discovery-related request to withdraw or amend admissions.
“The parties are aware of the consultation requirement in this Court prior to the filing of a discovery motion. Thus, the Motion is procedurally defective under Fed. R. Bankr. P. 7037, Local Rule 9013-1(b), and Local Rule 7026-1(e).”
Cautions
A debtor’s testimony received little weight when it conflicted internally and with sworn schedules, leaving the good-faith presumption unrebutted.
“Court finds the testimony confusing, internally inconsistent, and inconsistent with Debtor's Schedules filed under penalty of perjury.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth above, summary judgment is GRANTED as to the non-dischargeability of the Contempt Judgment and the accrual of all post-petition interest on the Contempt Judgment. Summary judgment is DENIED as to the non-dischargeability of the Fees and Costs Judgment and the accrual of all post-petition interest on the Fees and Costs Judgment.”
“Accordingly, Debtor’s Motion to Impose the Automatic Stay is DENIED.”
“Accordingly, the Town’s liens cannot be avoided under § 522(f), and the Motion must be denied.”
“For the reasons set forth above, the Motion to Reconsider is denied.”
“Accordingly, VSAC’s Application for attorney fees and costs as a default remedy is denied.”
“For the following reasons, the Court grants the Standing Motion and overrules the objection.”
“For the reasons set forth above, the Motion to Avoid Lien is GRANTED IN PART and DENIED IN PART.”
“For the reasons set forth above, Debtor’s Motion to Reopen this case is DENIED.”
“The Court GRANTS the Parties’ proposed Amendments as follows: a. Debtor’s bankruptcy case shall be dismissed with prejudice to refiling for 180 days from the date of the amended dismissal order;”
“The Court denies summary judgment for Debtor and grants summary judgment for the Town of Mount Holly and Thomas J. Hooker on Debtor’s unjust enrichment claim.”
“Therefore, the Motion is DENIED.”
“Debtor’s Motion to Stay is therefore denied.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters were pending in the search metadata. The Banyai adversary supplied one express mixed summary-judgment outcome.
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