James E. Shapiro
How Judge Shapiro rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Shapiro no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shapiro decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A debtor who incurs an expense may use the applicable standard amount even when the actual expense is lower, unless the statute says otherwise.
“the debtor must still have some expense in the first place before the Standard amount becomes applicable”
Procedural preferences
Confirmed plans bind creditors who had notice and failed to object, even when the plan’s treatment could have been challenged before confirmation.
“a secured creditor cannot ignore proceedings which affect its rights”
Cautions
A sophisticated lender bears the consequence when its own documents fail to satisfy the legal formalities for encumbering a homestead.
“What could have been done and what was done are two different things.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the debt owed from the debtor to the Department is excepted from discharge under 11 U.S.C. § 523(a)(1)(C)”
“no sanctions shall be imposed against the defendant, Wisconsin Department of Revenue, for its violation of the automatic stay”
“the plaintiff has failed to establish by a preponderance of the evidence that the debt owed from defendants to plaintiff is nondischargeable under § 523(a)(6)”
“The plaintiffs motion for summary judgment is DENIED.”
“motion to dismiss this adversary proceeding is GRANTED”
“objection to debtor’s amended chapter 13 plan is SUSTAINED”
“MMCC’s objection to confirmation of debtors’ proposed plan is SUSTAINED”
“the trustee’s objection to confirmation is sustained”
“Shaun M. Kotlewsky, as trustee of The Lois L. Mitchell Trust, is ordered to turn over the beneficial interest held by the debtor to Douglas F. Mann, chapter 7 trustee”
“this adversary proceeding is dismissed with prejudice, and the Reillys shall be granted a discharge”
“The court grants the plaintiffs’ motion for summary judgment”
“denies the defendant’s motion for summary judgment”
“The UST’s motion for default judgment is granted”
“The court also sustains the chapter 7 trustee’s objection to the exemption claimed by the debtor in the jewelry”
“the court denies the debtor’s discharge under §§ 727(a)(4)(A) and 727(a)(3)”
“eCAST’s objection to the debtor’s amended chapter 13 plan filed on November 8, 2007 is OVERRULED.”
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 Shapiro 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.