Mary Davies Scott
How Judge Scott rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Scott no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Scott
Mary Davies Scott served as a United States bankruptcy judge for Arkansas's Eastern and Western Districts from 1987 to 2002 and on the Eighth Circuit Bankruptcy Appellate Panel from 1997 to 2002. Her earlier work included teaching, private practice, an Arkansas Assistant Attorney General post, and service as an Assistant United States Attorney.
How Judge Scott decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A dismissal request failed when the stipulated record did not establish enough facts to support a legal finding of bad faith.
“The stipulation of the parties is insufficient for the Court to determine as a matter of law that this case was filed in bad faith”
Procedural preferences
Injunctive relief had to be requested through an adversary complaint rather than by motion.
“the debtor may not obtain an injunction by motion, the motion must be denied.”
Cautions
In In re McCord, Scott rejected the debtors’ argument that filing a state-court lien-perfection complaint violated the bankruptcy stay. She allowed the creditor to pursue stay relief because the mechanic’s lien had been perfected and the estate had no interest in the property.
“Section 362(b)(3) applies to permit perfection by either method permitted by Arkansas law.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion for Relief and Reconsideration of this Court’s 3-13-98 Order, filed on September 21, 2001, is denied.”
“The debtor’s Emergency Motion for Injunction of this Court’s 3-13-98 Order, filed on September 24, 2001, is denied.”
“the Debtor’s Motion for Reinstatement, filed on April 2, 1998, is GRANTED”
“the Motion for Summary Judgment, filed on April 9, 1998, by the United States is granted.”
“the defendants’ Motion to Dismiss filed on April 17, 1998, is Granted as to the defendant Driver Control Section Department of Finance & Administration and Denied as to the defendant Mike Munns.”
“Supershine Floor Maintenance’s ‘Petition to Relax Stay’ filed on January 28,1998, is GRANTED.”
“First Fidelity Acceptance Corporation’s Motion for Summary Judgment, filed on December 4, 1998, is GRANTED.”
“John J. Hamilton, Ill’s, Motion to Reopen Chapter 7 Petition, filed on December 9,1996, is DENIED.”
“The debtor’s Motion for Sanctions, filed on or about December 16, 1997, is DENIED.”
“the plaintiffs Motion to Compel Discovery filed on January 28, 1997, to which the plaintiff responded on March, 12, 1997, is GRANTED.”
“Plaintiffs ‘Motion to Abstain from Determination of Counterclaim or, in the Alternative, to Stay Proceedings on the Counterclaim,’ filed on April 15,1997, is GRANTED.”
“The defendants’ ‘Motion for Opportunity to reply to Plaintiffs Response to Defendants’ Objection to Plaintiffs Right to Trial by Jury on Count I and II of the Plaintiffs Complaint,’ filed on May 30, 1997, is GRANTED.”
“The Plaintiffs jury demand is Stricken.”
“The defendant’s jury demand is Stricken.”
“the objection to the debtor’s chapter 13 plan, filed on March 9, 2001, and amended on March 22, 2001, is Overruled.”
“the United States Motion for Summary Judgment, filed on April 27, 2000, is granted.”
A historical record
Judge Scott no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.