Dwight H. Williams Jr.
How Judge Williams rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Williams no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Williams decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
A creditor with notice of bankruptcy had to take affirmative steps to stop a garnishment; leaving the process to continue was not enough.
“Nevertheless, the judgment creditor, with notice of the bankruptcy, must take affirmative action with respect to the garnishment and not simply allow it to run its course.”
Cautions
A claimant that waited until plan payments were complete before asserting priority status lost that position because the delay prevented a workable modification and prejudiced the debtors.
“DHR filed its general unsecured claim in this case in September 2006 and did nothing to assert its right to a priority claim until it filed the instant objection to the debtors’ motion for discharge almost four years later.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, Vanderbilt’s objection to the confirmation of the debtor’s chapter 13 plan on the ground that its claim is non-modifiable pursuant to 11 U.S.C. § 1322(b)(2) will be overruled.”
“For the foregoing reasons, the court finds that the debtors’ motion for discharge under Section 1328(a) should be granted, and DHR’s objection to the motion be overruled.”
“Pursuant to Fed. R. Bankr.P. 9021, a separate order will enter granting plaintiffs motion for partial summary judgment and setting an evidentiary hearing on the issue of damages.”
“The defendant’s cross motion for summary judgment will be denied.”
“Pursuant to Fed. R. Bankr.Proc. 9021, a separate order consistent with this opinion will enter overruling the objection filed by the debtors and granting the motion filed by the trustee to modify the plan.”
“For these reasons the court concludes that the trustee’s objection must be sustained.”
“For these reasons, the defendants’ motion to dismiss the FDCPA counts of the complaint will be granted, but their motion to dismiss the counts seeking to enforce the discharge injunction and seek damages for its violation will be denied.”
“Therefore, confirmation of the instant plan is DENIED, and this case is DISMISSED effective 20 days from the date of this order unless the debtor amends the plan consistent with this order.”
“Pursuant to Fed. R. Bankr.Proc. 9021, a separate order will enter overruling Centrix’s objection to confirmation of the plan.”
“City Finance’s objection to confirmation of Horn’s chapter 13 plan, to that extent, will be overruled by separate order.”
“Therefore, the IRS’s motion to dismiss will be granted, and a separate order will enter dismissing the debtor’s chapter 13 case for want of jurisdiction.”
“ORDERED that the motion to reconsider filed by Green Tree-AL, L.L.C. is GRANTED in part and DENIED in part.”
“ORDERED that the debtor’s motion to remand is GRANTED, and this adversary proceeding is hereby REMANDED to the Circuit Court of Montgomery County, Alabama.”
A historical record
Judge Williams 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.