John S. Dalis
How Judge Dalis rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Dalis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Dalis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An objecting party must present evidence specific enough to place a confirmation issue genuinely in controversy.
“the objecting party has the initial burden of going forward with evidence sufficient to place the issue in controversy.”
Actual notice can defeat a due-process challenge even when service did not meet every technical requirement.
“A party afforded actual notice consistent with constitutional standards cannot claim a violation of its constitutional due process rights simply because the technical requirements for service of process were not met.”
Procedural preferences
A professional's compensation is limited to reasonable value for services that benefited the bankruptcy estate.
“only the 10.5 hours of review benefited the estate, while the remaining 80.5 hours benefited only Blocksom.”
Depositions of opposing counsel require a showing that no other means can obtain relevant, nonprivileged, crucial information.
“no other means exist to obtain the information than to depose Mills”
Cautions
A post-confirmation cause of action that is not estate property should not be added to schedules merely as a precaution.
“Debtor’s motion to amend her bankruptcy schedules is DENIED as unnecessary and improper.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Attorneys’ motion for summary judgment is therefore ORDERED DENIED.”
“the Nunc Pro Tunc Application to Employ Jay Blocksom of Blocksom & Blocksom LLC as Asset Recovery Specialist is APPROVED”
“the Application for Compensation of Asset Recovery Specialist’s Fee is APPROVED IN THE AMOUNT OF $6,500.00”
“the Debtors’ Objection and Response to Application for Compensation of Asset Recovery Specialist’s Fee is OVERRULED.”
“Debtor’s ' objection to claim is SUSTAINED”
“SunTrust’s Motion for Reconsideration is ORDERED DENIED”
“the Application for Administrative Expenses is ORDERED DENIED.”
“The Motion is therefore ORDERED GRANTED relieving this Debtor of filing any additional B22 statement.”
“the objection is overruled as moot.”
“the Motion for Protective Order is GRANTED IN PART and DENIED IN PART”
“the parties’ demands for a jury trial are SUSTAINED”
“Debtor’s motion to amend her bankruptcy schedules is DENIED as unnecessary and improper.”
“Defendants’ Objection is OVERRULED.”
“O’Quinn’s motion for relief from the automatic stay of 11 U.S.C. § 362 is DENIED.”
“the Chapter 13 Trustee’s motions to dismiss each of these chapter 13 cases are ORDERED denied”
A historical record
Judge Dalis 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.