C. Michael Stilson

How Judge Stilson rules, drawn from 14 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the Northern District of Alabama
Position
bankruptcy
Status
Retired 2014
Served
1995–2014
Commissioned
1995
Signed orders read
14

How Judge Stilson decides

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

Procedural preferences

Equitable remand favored allowing a state court to decide state-law claims while joining the bankruptcy trustee to protect creditors' interest in prepetition causes of action.

“must be GRANTED, and ALFA’s objection to remand must be OVERRULED.”

Cautions

Summary judgment was unavailable when the record left material disputes about whether an employer acted solely because of a bankruptcy filing.

“Disputed and inconclusive facts prevent summary judgment for the defendants as to the 11 U.S.C. § 525(a) claim.”

Signed rulings

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

Dionne v. Harless (In re Harless)
· 1995-09-25
Debtors motion for summary judgment (Paul and Linda Harless) Granted

“Consequently, the Harlesses’ Motion for Summary Judgment is to be GRANTED; and the trustee’s Motion for Summary Judgment must be DENIED.”

Trustee motion for summary judgment (Donald L. Dionne, Chapter 7 trustee) Denied
Complaint for turnover (Donald L. Dionne, Chapter 7 trustee) Denied

“The trustee’s complaint for turnover of the funds in the account is due to be DISMISSED, since the IRA has been effectively claimed as exempt and is no longer property of the bankruptcy estate.”

Thibodaux v. United States (In re Thibodaux)
· 1996-07-31
Complaint to determine dischargeability (Paul R. Thibodaux) Granted

“Therefore, the relief Thibodaux sought in his Complaint to Determine Dischargeability and for a Finding of Contempt is due to be GRANTED”

Request for civil contempt sanctions (Paul R. Thibodaux) Granted

“the United States (IRS) is ordered to pay the debtor $1,510.00 for attorney’s fees and related travel costs made necessary by the contempt.”

Wilson v. ALFA Companies (In re Wilson)
· 1996-09-27
Motions to remand (Jason and Desiree Wilson) Granted

“must be GRANTED, and ALFA’s objection to remand must be OVERRULED.”

In re Coker
· 1997-12-16
Motion to substitute collateral (Lisa and her co-debtor Coker) Granted

“the Cokers’ motion to substitute collateral is due to be GRANTED.”

Creditor objection to use of insurance proceeds (SouthTrust Bank of Alabama, N.A.) Denied

“SouthTrust’s objection is due to be OVERRULED”

Mattheiss v. Title Loan Express (In re Mattheiss)
· 1997-10-20
Trustee preference avoidance claim (C. David Cottingham, Chapter 13 trustee) Granted

“the Chapter 13 trustee may avoid the transfer of the security interest under 11 U.S.C. § 547(b).”

Debtor motion to avoid lien (Lisa Marie Mattheiss) Denied

“transfer was voluntary and pursuant to 11 U.S.C. § 522(g), cannot be avoided by the debtor under § 522(f).”

Complaint for turnover of title (Lisa Marie Mattheiss) Denied

“Mattheiss is not entitled to an order that TLE turn over the certificate of title”

AT&T Universal Card Services Corp. v. Reynolds (In re Reynolds)
· 1998-03-09
Nondischargeability claim (AT&T Universal Card Services Corp.) Denied

“claim in this lawsuit must be DENIED”

Nondischargeability claim (AT&T Universal Card Services Corp.) Denied

“claim in the Dawson lawsuit must also be DENIED”

Potter v. City of Hanceville (In re Potter)
· 2006-11-06
Summary judgment (City of Hanceville) Denied

“the summary judgment motions of defendants City of Hanceville (AP Doc. 65); and council members Wayne Armstrong, (AP Doc. 60); Selma Barnett, (AP Doc. 61); Larry Cornett, (AP Doc. 62); Hubert Jones, (AP Doc. 63); and Mayor Katie Whitley, (AP Doc. 64) are due to be DENIED on all three claims.”

Summary judgment (Wayne Armstrong) Denied
Summary judgment (Selma Barnett) Denied
Summary judgment (Larry Cornett) Denied
Summary judgment (Hubert Jones) Denied
Summary judgment (Katie Whitley) Denied
Buckley v. Carrier Corp. (In re Globe Holdings, Inc.)
· 2007-03-28
Preference recovery claim (Dennis J. Buckley, litigation trustee) Granted

“Plaintiff Dennis J. Buckley, as litigation trustee, has proven payments totaling $615,831.00 made by Globe Manufacturing Corp. to defendant Carrier Corporation should be avoided as preferential transfers pursuant to 11 U.S.C. § 547(b).”

Request for prejudgment interest (Dennis J. Buckley, litigation trustee) Denied

“For these reasons, the court must decline to award prejudgment interest against Carrier as sought by the trustee.”

In re Roberts
· 2007-03-29
Objection to plan confirmation (Contemporary Mitsubishi) Denied

“the debtor’s plan must be CONFIRMED; and Contemporary’s objection must be OVERRULED.”

Gibson v. King (In re Davis)
· 2008-02-11
Complaint for declaratory judgment (Gregory D. Davis) Denied

“The Court finds that the Buy-Sell Agreement is valid and enforceable.”

Counterclaim for declaratory judgment (Gregory J. King) Granted
In re Sullivan
· 2008-02-28
Motion to avoid second mortgage lien (Jeffery B. Sullivan) Denied

“HSBC’s second mortgage is secured by existing equity in the debtor’s principal residence and therefore cannot be modified under 11 U.S.C. § 1322(b)(2).”

Barnes v. FGL Clearwater, Inc. (In re Barnes)
· 2008-11-13
Motion to dismiss or transfer venue (FGL Clearwater, Inc. and Nationwide Asset Services, Inc.) Granted

“The court GRANTS Defendants’ Motion to Dismiss for the reasons that follow:”

A historical record

Judge Stilson 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.