James G. Mixon
How Judge Mixon rules, drawn from 9 signed orders. Every observation links to the order it came from.
Judge Mixon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Mixon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A fiduciary-duty theory required identifiable entrusted property rather than general relationships or business expectations.
“people, relationships, and efforts do not make a valid res for purposes of § 523(a)(4).”
Procedural preferences
An exemption objector retained the burden of proof and lost when the evidence was evenly balanced.
“with the evidence evenly persuasive he has not sustained his burden of proof.”
Cautions
A recorded instrument could not supply constructive notice when identifying the land required speculation beyond the record.
“Linking the mortgaged property to the deed would be speculative.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“pursuant to § 523(a)(4), $1,480.00 is nondischargeable.”
“the jury award for breach of fiduciary duty regarding past and future lost revenue in the amount of $184,683.60 and the award to Deere for breach of fiduciary duty in the amount of $58,800.00 is dischargeable pursuant to § 523(a)(4).”
“the award to Deere for breach of fiduciary duty in the amount of $58,800.00 is dischargeable pursuant to § 523(a)(4).”
“the award of punitive damages in the amount of $113,886.40 is dischargeable.”
“the fees and costs awarded by the state court in the amount of $87,523.25 are dischargea-ble.”
“the debtor-in-possession qualifies as a bona fide purchaser and can avoid the mortgage lien.”
“The Bank is not entitled to reformation.”
“the Court finds that the Debtors are not entitled to attorneys’ fees.”
“the statutory exemptions are unconstitutional and disallowed.”
“The objection to the Debtor’s homestead as being urban is overruled and the homestead is determined to be rural.”
“The objection to the proof of claim is sustained and the claim is disallowed.”
“Accordingly, attorneys’ fees are not appropriate.”
“The Debtor Stanley Cooper’s discharge has been denied for violation of 11 U.S.C. § 727(a)(4) and 11 U.S.C. § 727(a)(5)”
“the Plaintiffs’ objection to the discharge of Mrs. Cooper pursuant to section 727(a)(5) is overruled.”
“the Court abstains, pursuant to 28 U.S.C. § 1334(c)(1), from considering the allegations under the subsections that are cited above”
“Judgment for the Plaintiff for willful and malicious injury to the Plaintiffs horses and horse tack in the sum of $40,840.00”
“Judgment for the Debtor on the Plaintiffs claim for damages in the sum of $76,000.00 for the proposed horse breeding business”
“Judgment for the Plaintiff for the value of the computer, movies and games in the sum of $3,000.00; judgment for Debtor on all other items of personal property”
“Judgment for the Debtor on the Plaintiffs complaint to determine dis-chargeability pursuant to 11 U.S.C. § 523(a)(2)(A)”
“Judgment for the Plaintiff denying the Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(4).”
“The Court finds, based on the above reasoning, that the award of attorney’s fees is not appropriate.”
“The Plaintiffs have not proven by a preponderance of the evidence that the alleged misrepresentations were made and relied on by Sims causing her damage that resulted in the claim she seeks to have determined nondischargeable.”
“the Debtor’s discharge is denied pursuant to 11 U.S.C. § 727(a)(2)(A).”
“the Plaintiffs have failed to prove by a preponderance of the evidence that the obligations allegedly owed to them by the Debtor are nondis-chargeable as debts incurred by fraud, breach of fiduciary duty, willful and malicious conduct, or violations of security law.”
“The Plaintiffs’ request for attorney’s fees and costs is denied.”
A historical record
Judge Mixon 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.