G. Michael Halfenger
How Judge Halfenger rules, drawn from 25 signed orders. Every observation links to the order it came from.
How Judge Halfenger decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Modification was appropriate where the nonbankruptcy court was better suited to try state-law claims and this court retained the exclusive dischargeability question.
“Given all this, equity favors modifying the discharge injunction to allow the parties to try Lee’s claims where she first raised them, where all of the relevant facts occurred, and in a court most suited to interpret and apply the nonbankruptcy law in question.”
Halfenger allowed overlapping personal-injury claims to proceed in district court while preserving the bankruptcy court's later dischargeability determination.
“There is cause to modify the §362(a) stay to allow the district court to finally adjudicate Johnson’s civil action against the debtor.”
He declined issue preclusion where a prior divorce proceeding did not fairly resolve a nonparty creditor's claim against the debtor.
“the court concludes that the divorce judgment does not preclude Landis from contesting in this bankruptcy case the validity or amount of Hink’s claim based on funds she provided for construction of the mother-in-law addition in Landis’s former marital residence.”
Procedural preferences
A derivative-standing request should identify the proposed estate claims through a complaint that can be assessed under the pleading standard.
“To determine whether a pleading would survive a motion to dismiss, it is necessary to read the pleading.”
Cautions
An incomplete or inaccurate mortgage-account response can support an award of the debtors' resulting attorney fees and expenses.
“The court will also afford the debtors an opportunity to request any additional attorney’s fees and expenses resulting from Flagstar’s incomplete and inaccurate Rule 3002.1(g) statement.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that the discharge injunction is modified to allow Lee’s California litigation against Cho to continue through the entry of a final judgment on all of her now-pending claims and the conclusion of any appeal from (or other direct review of) that judgment; her nondischargeability proceeding in this court is stayed pending the conclusion of that litigation.”
The court set further briefing on a proposed plan modification but did not finally resolve the request.
The court clarified the procedure for disputing a final-cure response but did not adjudicate a motion.
“Greenpoint Asset Management II, LLC’s motion to reconsider the March 18, 2024 order is denied.”
“Greenpoint Asset Management II, LLC’s case is dismissed effective as of the date of the entry of this opinion and order.”
“The debtor’s motion is denied.”
“the State’s motion to reopen this case is denied”
“alternatively, the motion for access is denied on its merits.”
“December 17, 2024 hearing, is overruled.”
“The debtors’ request for an award of attorney’s fees and costs pursuant to Rule 3002.1(i)(2) is granted.”
“defendant O’Keefe’s request to amend his answer to plead self-defense is granted”
“plaintiff Horton is entitled to no relief in this adversary proceeding”
“the debtor-defendant’s motion for summary judgment is DENIED.”
“Hink’s motion for summary judgment is denied.”
“The debtors’ motion for an award of fees and costs is denied.”
Caseload & timing
From public federal docket records for this judge.
The five early-service matters were terminated. The open Cho matters supplied one express modification of the discharge injunction.
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