James D. Walker Jr.
How Judge Walker rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Walker no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Walker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Candor and good faith were decisive at confirmation; persistent deception supported both denial of confirmation and dismissal.
“A fresh start cannot be built on a foundation of deceit.”
Procedural preferences
A summary-judgment movant must supply the facts needed for every element rather than expect the court to assemble the record.
“First, it is not the Court's duty to comb the case file for facts that support the trustee's motion; second, the movant has the burden of alleging all material facts; and third, the respondant's ability to challenge facts is compromised when the Court takes judicial notice of such facts without any notice to the respondant.”
Cautions
Counsel filing a chapter 13 case was expected to make a responsible inquiry into the debtor's eligibility and ability to fund a plan.
“Lawyers for individuals who file Chapter 13 cases must make responsible judgements in compliance with Fed. R.Bankr.P. 9011 to insure that the benefit of Chapter 13 is only enjoyed by persons who are eligible.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Consequently, the Court must deny Plaintiff s motion for summary judgment without prejudice.”
“Such transfer is avoided pursuant to section 549 entitling Trustee to recover the $10,232.00.”
“Further, since neither Defendant is liable on any claim asserted by Plaintiff, the adversary proceeding will be dismissed.”
“As a result, First Family is entitled to judgment as a matter of law on the issue of its liability for violation of the automatic stay.”
After trial, the court held that the mortgage and vehicle obligations were not domestic support obligations and entered judgment for the debtor.
“in General Execution Docket book 101, page 137, Clerk’s Office, Bibb Superior Court on March 11, 1997 is avoidable as a preference.”
“the Court holds that Creditor’s objection to confirmation of Debtor’s Chapter 13 plan must be sustained unless Debtor modifies his plan to reflect that Creditor’s claim is secured in the amount of $17,-325.00.”
“Such affirmative defense is thereby rendered legally irrelevant, and will be stricken.”
The court selected lien avoidance rather than a cash-value award and scheduled another hearing to determine recoverable payments.
“Therefore, the Court finds the Trustee is entitled to judgment as a matter of law.”
“As a result, CitiFinancial’s objection to confirmation will be affirmed, and Fidelity Bank’s objection will be overruled.”
“Therefore, Trustee’s objection will be overruled.”
After trial, the court found undue hardship and discharged the student-loan debt at issue.
A historical record
Judge Walker 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.