John A. Rossmeissl

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

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

Court
U.S. Bankruptcy Court for the Eastern District of Washington
Position
bankruptcy
Status
No longer serving
Commissioned
1987-01-01
Signed orders read
20

How Judge Rossmeissl decides

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

What persuades

The court treated equitable relief as unavailable where the claimant already had a legal remedy against the debtor and sought to shift the loss to an unrelated third party.

“In this case, Wells Fargo has a valid remedy at law against Courson in this court’s non-dischargeable judgment against him.”

A court-approved repayment plan retained preclusive force when the creditor had notice but did not object or appeal.

“the confirmation orders in each of these cases is res judicata and cannot now be challenged by ECMC.”

Procedural preferences

Fee applicants needed task-level billing detail sufficient for the court to test whether each service was reasonable.

“Lumping makes it impossible for the court to determine whether the time allocated to a specific task is reasonable.”

A plan favoring one unsecured class needed a concrete justification tied to the degree of differential treatment.

“does the basis for the discrimination demand that this degree of differential treatment be imposed?”

Cautions

A prefiling lien securing future counsel fees created an adverse interest because it displaced the statutory priority shared by other administrative claimants.

“when attorneys arrange additional security for their own benefit”

Signed rulings

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

Wells Fargo Bank, N.A. v. Courson (In re Courson)
· 2009-06-24
Summary judgment (Wells Fargo Bank, N.A.) Denied

“Wells Fargo’s motions for summary judgment against Gesa and Safeco should be denied.”

Summary judgment (Gesa Credit Union) Granted

“Gesa’s and Safeco’s motions for summary judgment against Wells Fargo should be granted.”

Summary judgment (Safeco Insurance Company of America) Granted
Bays v. Bays (In re Bays)
· 2009-02-09
Summary judgment (bankruptcy trustee) Granted

“A judgment should be entered quieting title in the Kettle Falls property in Tony Grabicki, trustee of David Bays’ bankruptcy estate, and confirming that the interests of Linda Bays and Kelly Case in that property have been forfeited.”

In re Wanechek
· 2006-09-14
Application for compensation (American Legend Cooperative) Granted in part

“the court concludes that a reasonable award to ALC for its attorney’s fees and costs in this matter is $12,000.00.”

Hodges v. Armada f/d/b/a Commercial Collection Service (In re Hodges)
· 2006-03-22
Discharge injunction action (debtors) Granted

“Thomas and Teresa Hodges are each awarded damages against Armada in the sum of $1.00 for the violation of the discharge injunction.”

Fair debt collection practices action (debtors) Granted

“Thomas and Teresa Hodges are each awarded damages against Armada for violation of the FDCPA in the sum of $1,000.00.”

In re Gallipo
· 2002-08-14
Chapter 13 plan confirmation (debtor) Denied

“The debtor’s plan unfairly discriminates amongst the unsecured creditors. Accordingly, the Debtors plan should not be confirmed.”

Patton v. U.S. Department of Education (In re Patton)
· 2001-04-03
Summary judgment (debtors) Granted

“There are no material issues of fact in dispute and plaintiffs are entitled to judgments as a matter of law.”

Beeler v. Stanton (In re Stanton)
· 1999-09-17
Summary judgment (chapter 7 trustee) Granted

“The Chapter 7 Trustee’s motion for summary judgement is granted as set forth above.”

Summary judgment (International Factors Inc.) Denied

“IFI’s motion for summary judgement is denied.”

In re Samaniego
· 1998-08-13
Motion to annul automatic stay (tax-sale purchasers) Granted

“the purchasers should be granted the relief they seek annulling the stay and validating the delivery and recording of the deeds which unite the legal title with their existing equitable title.”

Motion to avoid transfer (debtors) Denied

“The debtors lack viable issues under either state law or bankruptcy law which would allow them or their estate to benefit from the bare legal title they currently hold in the real property at issue.”

In re Doherty
· 1999-01-27
Motion to quash (chapter 13 trustee) Denied

“The motion to quash the Notice and Order to Withhold and Deliver is denied.”

In re Ponce
· 1998-03-10
Chapter 13 plan confirmation (debtor) Denied

“Confirmation of the debtor’s plan should be denied;”

In re Games
· 1997-10-10
Chapter 13 plan confirmation (debtors) Denied

“Confirmation of the Debtors proposed Chapter 13 is denied.”

Bossert v. United States (In re Bossert)
· 1996-10-16
Tax liability declaratory action (debtor) Granted in part

“The Debtor is not hable for any post-filing interest on his priority tax liabilities which have been paid in full pursuant to the terms of his confirmed plan and by virtue of having received a Chapter 12 discharge. The Debtor is hable for ah pre-filing tax penalties which have not been paid. The Debtor is Hable for $1,582.06 in post-filing tax penalties.”

Caseload & timing

From public federal docket records for this judge.

All ten sampled matters were terminated and every entry stream was empty.

A historical record

Judge Rossmeissl 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.