Peter J. McNiff
How Judge McNiff rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge McNiff no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McNiff decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A secured creditor seeking a deficiency had to prove both adequate notice and a commercially reasonable disposition of collateral.
“Commerce Bank did not present any testimony or evidence to rebut the presumption and earn the right to a deficiency judgment under state law.”
Procedural preferences
Prior findings could establish the amount of a debt without resolving the distinct intent element required for nondischargeability.
“Genuine issues of material fact remain for trial which can only be established by testimony, particularly on the issue of whether the Hamptons intended to harm the property of the plaintiffs through their actions.”
Cautions
Even established cause for conversion did not end the inquiry when unusual circumstances and substantial estate equity favored continued Chapter 11 administration.
“The court found that the unusual circumstance exception exists. The court denies Bank’s motion to convert”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, IT IS ORDERED that unsecured claim number 21 of the Converse County Treasurer for unpaid ad va-lorem taxes is disallowed.”
“The court denies Bank’s motion to convert and shall require Debtor to (1) file a disclosure statement and plan; (2) timely file all required reports; and, (3) strictly comply with all requirements of the Bankruptcy Code, Federal Rules of Bankruptcy Procedure and Wyoming Local Bankruptcy Rules during the pendency of this bankruptcy case.”
“ORDERED that Joe Pete Lovato is entitled to damages from the Internal Revenue Service to compensate him for the fees and costs incurred in enforcing the discharge injunction in the amount of $937.00.”
“ORDERED that the defendant’s motion for summary judgment is granted on the issue of the amount of the plaintiffs’ income tax liability for the tax years 1990 through 1992 in the amount detailed in its proof of claim;”
“The court will enter a judgment in the plaintiffs favor on the motion for summary judgment.”
“Therefore Commerce Bank’s Claim No. 16, as amended by Claim No. 43 is disallowed.”
“The Court, having reviewed the record, testimony and evidence, including the Amended Form 22A and the UST’s objection, is prepared to rule, and for the reasons stated, grants the UST’s motion to dismiss under 11 U.S.C. § 707(b)(1) and (2).”
“IT IS, THEREFORE, ORDERED that the defendants shall have judgment as a matter of law on the Trustee’s complaint.”
“1. The debtor’si claim objection is sustained; and 2. Central Bank & Trust is allowed a secured claim for reasonable attorney fees of $103,460 and expenses of $5,278.23 under 11 U.S.C. § 506(b).”
“The court will issue a judgment discharging the obligations.”
“The claim under § 523(a)(6) fails. The court will issue a judgment for Ayala on the plaintiffs complaint.”
“the trustee’s objection is sustained.”
A historical record
Judge McNiff 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.