David N. Naugle
How Judge Naugle rules, drawn from 11 signed orders. Every observation links to the order it came from.
Judge Naugle no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Naugle decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
A punitive-damages request required evidence of the debtor's financial condition; pleading the request without that proof was insufficient.
“Because no evidence was presented at trial on the issue of punitive damages, including evidence of Mr. Martinez’s financial condition, I will not consider an award of punitive damages.”
Cautions
A purchaser of bulky property could not rely on a private sale alone when no outward step manifested ownership before bankruptcy.
“The record here is devoid of steps by the purchaser to manifest its ownership and possession prior to the filing date.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, CDFI has failed to prove that the debt is nondischargeable under § 523 (a)(2)(A).”
“Accordingly, I find that the debt is nondischargeable pursuant to § 523(a)(2)(B) as to Mr. Londagin only.”
“Accordingly, CDFI has failed to prove that the debt is nondischargeable pursuant to § 523 (a)(6).”
“As to Mrs. Londagin, the complaint is dismissed on the merits, with no costs or fees awarded to her.”
“Attorney’s fees are awarded in the sum of $24,917.50 and costs of $1,946.92.”
“The debt in the amount of $88,000 is determined to be nondischargeable pursuant to § 523(a)(2)(A) and alternatively under § 523(a)(6).”
“Because no evidence was presented at trial on the issue of punitive damages, including evidence of Mr. Martinez’s financial condition, I will not consider an award of punitive damages.”
“The Motion and Objections filed by Restaurant Ventures, LLC, to the extent that they pertain to the unsecured priority tax claims of the IRS, are hereby denied and overruled on the merits.”
“The unsecured priority tax claims of the Internal Revenue Service for unpaid withholding and Federal Insurance Contribution Act (‘FICA’) taxes incurred by the Debtor during the third quarter of 1991, the fourth quarter of 1993, the first and second quarters of 1994, and the period from July 1 to July 21, 1994, and unpaid Federal Unemployment Tax Act (hereafter ‘FUTA’) taxes incurred during the calendar year 1992, and pre-petition interest thereon, are hereby allowed in the total amount of $104,880.02.”
“As a result, the plaintiff IRS’s motion for summary judgment is granted and the Plum-mers’ motion for summary judgment is denied.”
“Unpaid family support payments, including arrearages on the residence set forth above as Items 2abc.”
“Any unpaid periodic family support payments since the entry of the Judgment (Dissolution) on September 21, 1989.”
“Medical reimbursement in the amount of $700.00 (Item 3e, above).”
“Reimbursements to Donna Hutchins for the curing of defaults on the residence to the first and second trust deed holders to avoid foreclosure (Items 3ab, above).”
“Debts to third parties listed in Item 3c, above.”
“Debt to the Judge pro tempore (Charles W. Salter, Esq.) at Item 3d, above.”
“Debt to Monarch Insurance Company for the Debtor’s failure to maintain the life insurance he was ordered to place and keep in effect (Item 3f, above).”
“Division of community assets which Donna Hutchins now seeks to reclassify as support debts to her (Item 3g, above).”
“Therefore, the debtors’ discharge is vacated and the case is dismissed.”
“The attorney for the Debtor shall prepare and lodge a proposed order disallowing Claim No. 55.”
“Counsel for Huweiler may prepare and lodge a proposed order allowing Huweiler to be subrogated to the claim (No. 50) of the IRS, to receive payments after the completion of the payments on Claim No. 51 and the portion of Claim No. 50 which does not include or is not comprised of the Sub-rogation Demand.”
“Accordingly, Great Western shall recover $89.80 in costs as prayed, plus $2,678.00 in attorney’s fees, representing $1339.00 for the automatic stay litigation and an equal amount from the $1,868.75 (plus appearance on June 18,1985) expended by Alvarado, Rus & McClellan in enforcing Great Western’s right to collect its attorney’s fees.”
“The transfer of the boilers to the plaintiff is void as against the Trustee.”
“The Trustee’s title to the boilers is superior to the plaintiff’s.”
“The U.S. Trustee shall appoint a trustee in this Chapter 11 case.”
A historical record
Judge Naugle 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.