Jack Caddell

How Judge Caddell rules, drawn from 17 signed orders. Every observation links to the order it came from.

Judge Caddell 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
1994–2014
Commissioned
1994
Signed orders read
17

How Judge Caddell decides

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

Procedural preferences

Contested matters must plead concrete supporting facts; bare legal conclusions can be dismissed without prejudice before a merits hearing.

“Pleadings in contested matters that simply state bare legal conclusions or merely recite the elements of the movant’s cause of action that are not supported by any factual allegations will not suffice under Rule 9013’s pleading with particularity requirement.”

Cautions

A creditor should not use an objection to the debtor's general discharge merely as leverage to settle that creditor's individual claim.

“Under no circumstances, not even where the intent is innocent, may a debtor purchase a repose from objections to discharge.”

Signed rulings

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

Pair v. United States (In re Pair)
· 2001-11-14
Motion to dismiss undue hardship complaint (Educational Credit Management Corporation) Granted

“The debtor’s complaint is not ripe for adjudication and is due to be dismissed without prejudice”

SouthTrust Bank, N.A. v. Parcus (In re Parcus)
· 2001-12-04
Motion to approve settlement (SouthTrust Bank, N.A. and the debtor) Moot / procedural

“the settlement agreement proposed by the parties is hereby approved”

First Southern Bank v. Stanphill (In re Stanphill)
· 2004-08-02
Bank motion for summary judgment (First Southern Bank) Denied

“the Plaintiffs request for reformation of the Mortgage should be denied as prejudicial to the Trustee”

Trustee motion for summary judgment (Tazewell T. Shepard, Chapter 7 trustee) Granted

“the Trustee is entitled to summary judgment as a matter of law.”

In re Smith
· 2006-10-06
Trustee motion to sell assets by sealed bid (the Chapter 7 trustee) Granted

“the Court overrules Dickens’ objection to the trustee’s current motion for authority to sell assets and approves the motion for authority to sell assets by sealed bid.”

Purchaser objection to sealed bid sale (Dustin Dickens) Denied
In re Moon
· 2007-01-26
Objection to plan confirmation (CitiFinancial Auto Corporation) Denied

“CitiFinancial’s objection to confirmation is due to be overruled.”

In re Weatherford
· 2010-08-17
Motion to reopen bankruptcy case (Ronald and Amanda Weatherford) Moot / procedural

“the motion to reopen and objection to claim are hereby dismissed, without prejudice”

Objection to claim (Donald Harris) Moot / procedural
Safeco Insurance Co. of America v. Hastings (In re Hastings)
· 2008-12-23
Summary judgment (Safeco Insurance Company of America) Granted in part

“Safeco is entitled to partial summary judgment as a matter of law.”

Grelier v. Burgess (In re Grelier)
· 2009-01-27
Motions to dismiss (William P. Burgess Jr. and related defendants) Granted

“the Court finds that the debtor is estopped from pursing the undisclosed action.”

Twentieth Century Land Corp. v. Landmark North Freeway, Ltd. (In re Bill Heard Enterprises, Inc.)
· 2009-06-17
Motion to dismiss counterclaim (HSBC Bank USA) Granted

“plaintiffs’ claims fail to state a plausible claim for relief and are due to be dismissed.”

Laddin v. Belden (In re Verilink Corp.)
· 2009-04-09
Motions to dismiss (Powell Goldstein LLP) Granted

“Defendant Powell Goldstein LLP’s Motion to Dismiss Plaintiffs Corrected Amended Complaint [dkt. no. 55] is hereby GRANTED”

Motion for leave to amend complaint (Darryl S. Laddin, Chapter 11 trustee) Denied

“The Chapter 11 Trustee’s Motion for Leave to File Second Amended Complaint [dkt. no. 89] is hereby DENIED.”

Bill Heard Chevrolet Corp. v. Blau (In re Bill Heard Enterprises, Inc.)
· 2009-06-08
Motion for relief from default judgment (Gordon Blau and related defendants) Denied

“Blau’s motion for relief from judgment is therefore denied.”

Synovus Trust Co. v. Bill Heard Enterprises, Inc. (In re Bill Heard Enterprises, Inc.)
· 2009-11-10
Motion for summary judgment and turnover (Official Committee of Unsecured Creditors) Granted

“granting the relief requested in the Motion with respect to Richard M. Young, Philip W. Wright and James F. Johnson is warranted”

A historical record

Judge Caddell 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.