Donald MacDonald IV
How Judge MacDonald rules, drawn from 22 signed orders. Every observation links to the order it came from.
Judge MacDonald no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge MacDonald decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor seeking stay relief established standing by producing the original mortgage note and showing possession of a note specially endorsed in its favor.
“The bank has established its standing as a party in interest.”
In a commercial secured-credit dispute, MacDonald enforced an unambiguous cross-collateralization clause according to its text, including future unrelated obligations.
“The cross-collateralization clause in AFG’s 2002 commercial security agreement is unambiguous.”
He accepted a Chapter 13 modification that surrendered depreciating collateral when the debtors explained their changed finances and the record did not show manipulation or inequitable conduct.
“This simply is not a bad faith situation.”
Procedural preferences
A mortgage creditor seeking stay relief should establish standing by the preliminary hearing with competent evidence of the note and possession.
“this court will summarily deny, without prejudice, any future motion for relief from stay”
MacDonald independently reviewed professional-fee requests even when no party objected and required notice and a hearing before a material reduction.
“The bankruptcy court, however, has an independent duty to review fee applications of professionals in bankruptcy cases,”
Cautions
Plan proponents must support feasibility with reliable evidence; speculative leasing assumptions and flawed cash-flow projections will not carry the burden.
“Confirmation must be denied under such circumstances.”
A party opposing summary judgment on a false-oath theory must identify the specific statement at issue rather than rely on generalized allegations.
“He has a right to know what specific oath is in controversy so that he can prepare an appropriate defense.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The court proposed reducing an unopposed professional-fee request but retained the matter for notice and a hearing before entering a material reduction.
“The plaintiff’s motion for summary judgment will be granted.”
“The UST’s motion to dismiss will, therefore, be denied.”
“Under controlling Ninth Circuit case law, I conclude that any costs or Rule 82 attorney’s fees that may be awarded to Air USA in the state court litigation are not entitled to administrative expense status.”
“The trustee’s motion for substantive consolidation will be granted, in part, and denied, in part, as follows:”
“I find for the plaintiff in the sum of $250.00.”
“The debtors’ disclosure statements will not be approved and the plans will be denied confirmation.”
“ANIC’s objection to the debtors’ claims of exemption in the levied portion of their PFDs is overruled.”
“CBNA’s motion for summary judgment will be denied.”
“CIC’s cross-motion will be granted.”
“The motion to dismiss will be granted, under the conditions requested by CBY.”
“the motion for relief from stay will be granted, to the extent relief from stay is necessary to satisfy the conditions specified for dismissal.”
“CBY’s request for adequate protection is granted to the extent already provided in this court’s Order Granting Debtor’s Motion for Authority to Conduct Business Outside the Ordinary Course”
“The debtor’s objection to Claim No. 3 will therefore be overruled.”
“Alaska Electric’s debt will be excepted from discharge under 11 U.S.C. § 523(a)(2)(A).”
Caseload & timing
From public federal docket records for this judge.
The fifteen terminated sampled matters lasted from 54 to 2,688 days, with a median of 113 days. The fixed sample is descriptive and is not a complete caseload census.
A historical record
Judge MacDonald 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.