David E. Russell
How Judge Russell rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Russell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Russell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A documented mailing practice, corroborating records, diligence, and lack of prejudice supported treating a claim as timely received.
“The Debtor failed to refute the inference of receipt.”
Procedural preferences
A default judgment did not establish nondischargeability where the relevant issues had not actually been litigated.
“The doctrine of issue preclusion does not apply to a United States District Court default judgment when the parties have failed to actually litigate the issues sought to be precluded.”
Cautions
Excessive discretionary spending prevented confirmation when the plan did not commit all projected disposable income.
“The excessive amounts claimed for some of their acceptable expenses and the large amount they spend each month on discretionary items convince this court that the Debtors’ plan fails the disposable income test.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth below, the Motion to Dismiss is DENIED.”
“As presently drafted, the Debtor’s chapter 13 plan cannot be confirmed. However, the denial of plan confirmation is without prejudice.”
“For the reasons set forth below, the court will deny confirmation of the plan as proposed but allow Debtors to submit an amended plan.”
“Consequently, the court will allow the claim as timely filed.”
“The court will therefore deny Marlee’s motion for summary judgment.”
“Consequently, § 523(a)(4) creates no bar to the discharge of the debt Tallant owes Kaufman on the loan.”
“amounts to fraudulent nondisclosure, and a debt so incurred is nondischargeable by virtue of § 523(a)(2)(A).”
“This half-truth amounted to a fraudulent misrepresentation and Kaufman sustained his burden of proof on each element of the § 523(a)(2)(B) claim.”
“For the reasons set forth below, the court will grant the motion for summary judgment in favor of Redding.”
“Therefore, the court will deny the Service’s motion for retroactive relief from the automatic stay.”
“Therefore, Debtor’s objection to the Service’s secured status is without merit and must be overruled.”
“For reasons set forth below, the court grants in part and denies in part Debtors’ motion.”
“IT IS HEREBY ORDERED that the motions for summary judgment of Debtor and Defendant John Pavich, Plaintiffs Leslie and Elaine Bernstein, and Defendant Internal Revenue Service are GRANTED.”
“Therefore, the court must grant summary judgment in favor of Defendant.”
Caseload & timing
From public federal docket records for this judge.
Completed-case duration is reported for 7 terminated matters in the fixed sample.
A historical record
Judge Russell 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.