Leon James Hopper

How Judge Hopper rules, drawn from 19 signed orders. Every observation links to the order it came from.

Judge Hopper no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Middle District of Alabama
Position
bankruptcy
Status
Deceased
Served
1956–1984
Commissioned
1956-04-02
Education
University of Alabama, A.B., 1948; University of Alabama School of Law, LL.B., 1953
Signed orders read
19

How Judge Hopper decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

Procedural preferences

The court abstained when a state tribunal already had a state-law partnership issue before it and the bankruptcy connection was incidental.

“The issue presented here is obviously properly cognizable by the state court and should be decided there. If this court has jurisdiction, which is doubtful, it abstains.”

Cautions

A low or zero distribution to unsecured creditors was not automatically fatal, but the plan still needed a genuine rehabilitative purpose under the debtor's actual finances.

“The percentage to be paid to unsecured creditors is only one of the matters to be considered in determining whether a plan should be confirmed as having a worthwhile rehabilitative goal rather than being merely a case that should have been filed under Chapter 7 as a liquidation case.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Mid-State Homes, Inc. v. Cheeks (In re Cheeks)
· 1982-11-08
Complaint for relief from stay (Mid-State Homes, Inc.) Denied

“The relief sought by the complaint is due to be denied. Judgment will be entered accordingly.”

C.I.T. Financial Services v. Novelty & Toy Co. (In re Novelty & Toy Co.)
· 1982-02-08
Objection to discharge (C.I.T. Financial Services) Denied

“It is ORDERED that the objection to discharge be and it is hereby overruled and the debt is deemed discharged by reason of confirmation of this debtor’s plan.”

In re Scott
· 1982-11-12
Motion to set aside foreclosure (the debtors) Granted

“It is accordingly ORDERED that the aforesaid foreclosure sale made on September 15, 1982, be and it is hereby set aside and title to the real property of the debtors located at 3306 Santee Drive, Montgomery, Alabama, is restored in and to the debtors.”

In re Southern Distilleries
· 1982-07-22
Motion for declaratory judgment (Commercial State Bank of Donalsonville, Georgia) Denied

“It is ORDERED that the motions be and they are hereby denied.”

Motion for declaratory judgment (The Pillsbury Company) Denied
In re Hartley Plumbing Company, Inc.
· 1983-03-10
Motion to compel plan compliance (Hartley Plumbing Company, Inc.) Granted

“In conformance with the above, it is ORDERED that the United States Internal Revenue Service comply with the confirmed plan of reorganization by applying payments first to the trust fund portion of any taxes due, then to any remaining tax, and then to penalty and interest.”

In re Tomlin
· 1982-09-02
Motion to confirm chapter 11 plan (the debtor) Denied

“It is ORDERED that confirmation of the plan be and it is hereby denied and the debtor is given 10 days from this date to file a modified plan.”

Creditor objection to plan confirmation (Stotler and Company, Anderson’s Peanuts, Luverne Cooperative Services, Inc., and James W. Thomas) Granted
Steele v. Mortgage Corp. of the South (In re Steele)
· 1983-09-14
Motion to confirm chapter 13 plan (the debtors) Denied

“Where the court finds that a petition and plan are not filed in good faith, confirmation may be' denied and the case dismissed”

Miles v. Southeastern Farm Supply, Inc. (In re Southeastern Farm Supply, Inc.)
· 1981-05-19
Complaint for relief from stay (Otis Miles and aligned plaintiffs) Granted

“The interest of justice will be better served by allowing the plaintiffs to proceed with their action in Jackson County, Florida, and accordingly an order lifting the automatic stay will be entered forthwith.”

Complaint to remove state action (Southeastern Farm Supply, Inc.) Denied

“It is difficult to conceive a case more appropriate for the exercise of this court’s abstention discretion than this matter now pending in the state court of Florida.”

Thompson Supply Co. v. Roy (In re Roy)
· 1980-08-11
Creditor objection to plan confirmation (Thompson Supply Co., Inc.) Denied

“An appropriate order will be entered this date overruling the objection and ordering the plan confirmed by separate order.”

Motion to confirm chapter 13 plan (the debtors) Granted
Reid v. Young (In re Reid)
· 1981-03-17
Complaint for injunctive relief (the debtor) Granted

“Accordingly, an order will enter staying the defendants from proceeding in the state courts against the debtor.”

United States v. Crawford (In re Crawford)
· 1981-05-01
Complaint to determine dischargeability (United States) Denied

“The relief sought by the complaint is due to be denied. An appropriate order will be entered.”

In re Dawson
· 1981-07-23
Motion to set aside income deduction order (State of Alabama Employees’ Retirement System) Denied

“The motion of the State of Alabama Employees’ Retirement System to set aside the income order is due to be denied.”

A historical record

Judge Hopper 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.