Mary Jo Heston
How Judge Heston rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Heston decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Stay relief to pursue appeals was appropriate where the appellate court alone could resolve the issues and the appeals were necessary to the proposed reorganization.
“The Debtors have a colorable interest in pursuing the Appeals as they have a right to appeal under Washington state law; completing the Appeals is necessary for the consummation of a plan of reorganization, and allowing the Debtors to proceed does not directly harm All Track.”
A postpetition foreclosure was void where it enforced a lien and took control of estate property in violation of the automatic stay.
“The Sale clearly constitutes an act to both enforce a lien and to take possession and control of property of the estate in violation of § 362(a)(3) and (4).”
Procedural preferences
Compensation requests were confined to services within the scope approved by the employment order.
“A professional's employment in a bankruptcy case is limited to the employment approved in the order authorizing the employment.”
Cautions
A bankruptcy claim objection was not a vehicle for collaterally attacking criminal defense costs that the debtor had not first challenged in state court.
“This Court will not engage in a collateral attack on the award of defense costs”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Court denies All Track’s Motions.”
“Accordingly, the Court grants the Debtors’ Motion.”
“Accordingly, JDL is allowed a claim of $28,837.50 under § 503(b)(3)(A) and (b)(4) and $21,916.01 under § 503(b)(3)(D) and (b)(4) for a total administrative expense claim of $50,753.51.”
“Accordingly, the Trustee’s Motion for Summary Judgment is granted as to the Trustee’s claim under § 548 to avoid the transfer of $8,500 made on February 28, 2014.”
“The Trustee's motion for sanctions is denied.”
“Therefore, the Court will discharge, pro rata, the portion of the Plaintiffs’ student loan obligations owed to the Defendants to the extent the amount owed exceeds $222,000.”
“the Application for Compensation of Farm Manager is granted in part.”
“ORDERED that the above-captioned Chapter 7 case is reopened for the purpose of administering the estate”
“Therefore, the Court overrules Bravo’s objection to the claim of ARMI.”
“Accordingly, the Court concludes that the Debtors' objection to claim is sustained in part.”
“the Trustee’s objection to exemption is overruled under the facts of this case.”
“the Court finds and concludes the Trustee’s objection is overruled”
“Ms. Hoover has established as a matter of law that she is entitled to partial summary judgment as to PHH’s, the Trust’s, and NewRez’s willful stay violations.”
“IH6’s MSJ and PHH’s MSJ are denied”
“QLS’s MSJ is granted but QLS is not yet dismissed.”
“IH6’s and PHH’s Annulment Motion is denied.”
“Cerner is awarded attorney’s fees in costs in the amount of $167,825.25, to be paid by the Debtors and Debtors’ counsel.”
“Court concludes that additional evidentiary sanctions under Fed. R. Civ. P. 37(b)(2)(A)(ii) are not necessary or warranted.”
Caseload & timing
From public federal docket records for this judge.
The five early matters were terminated and supplied no separate express contested disposition. Singh Bros remained pending and supplied two stay-relief outcomes.
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