William G. Caffey Jr.
How Judge Caffey rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Caffey no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Caffey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
The court applied an express statutory appearance requirement according to its text and declined to create an equitable exception.
“The statute is clear, positive and unambiguous. The mandatory direction is: ‘The debtor shall appear and submit to examination.’”
Cautions
Equity in collateral did not by itself establish adequate protection when the lien's value was deteriorating and the debtor proposed no other protection.
“In short, the debtors have failed to prove adequate protection, and the relief sought by movant is due to be granted.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the Objection of the Trustee, Douglas Taylor, to the claim of Bayou Concrete Company, Inc., being Claim No. 21 herein, be, and it hereby is, OVERRULED, and said claim is allowed as a secured claim for the amount as filed.”
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the defendants, Charles A. Graddick as Attorney General of the State of Alabama, and his Assistants, Agents, or representatives, and Chris Galanos as District Attorney for Mobile County, and his Assistants, Agents, or representatives, be, and they hereby are, PERMANENTLY ENJOINED from instituting or prosecuting proceedings to revoke the probation of the debtor herein for failure to comply with the restitution conditions of his criminal sentence imposed on January 20, 1981 in the case of State of Alabama v. Daniel Edmund Hartung, No. CC-80-1625.”
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the debtors’ Petition to Re-Open Bankruptcy Estate, be, and it hereby is, DENIED.”
“Now, therefore, it is ORDERED that the Petition of the Debtor to reaffirm an indebtedness with Borg Warner Acceptance Corporation be, and the same hereby is, DENIED.”
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the relief sought in the Complaint of Douglas Taylor, Trustee, be, and the same hereby is, DENIED; and said Complaint is hereby DISMISSED.”
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the Objections of Barry A. Friedman, Trustee, to the exemptions claimed by Clarisea L. Walley, the debtor, be, and the same hereby are, OVERRULED and DENIED; and said exemptions are hereby approved and allowed.”
“said claim is hereby DISALLOWED as a timely filed claim herein; but ALLOWED as a tardily filed claim entitled to subordinated payment under Section 726(a)(3) of the Bankruptcy Code.”
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the debtor’s Petition to Re-Open Estate be, and it hereby is, DENIED.”
“FURTHER ORDERED, ADJUDGED and DECREED that the debt owed by Steven P. Brill to the Baldwin National Bank in the principal amount of $2,380.38 plus interest thereon at 20% per annum from July 21, 1981 be, and it hereby is, DECLARED NONDISCHARGEABLE;”
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the Motion of Technical Welding Supply, Inc., for Leave to File Proof of Claim Late, be, and it hereby is, DENIED.”
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the Objection to Confirmation of the First Alabama Bank of Mobile County be, and it hereby is, SUSTAINED;”
“FURTHER ORDERED that the Motion to Dismiss the debtors’ Chapter 13 case of the First Alabama Bank of Mobile County be, and it hereby is, GRANTED;”
“Now, therefore, it is ORDERED, ADJUDGED and DECREED that the Motion of James P. Martin for the Court to consider alternatives to his presence at the meeting of creditors be, and the same hereby is, DENIED;”
“ORDERED that the petition of James P. Martin under Chapter 7 of the Bankruptcy Code, filed under 11 U.S.C. § 301 be, and the same hereby is, DISMISSED, without prejudice.”
A historical record
Judge Caffey 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.