Lamar W. Davis Jr.

How Judge Davis rules, drawn from 21 signed orders. Every observation links to the order it came from.

Judge Davis no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Southern District of Georgia
Position
bankruptcy
Status
Retired 2016
Served
1986–2016
Commissioned
1986-05-30
Education
Emory University; University of Georgia School of Law
Signed orders read
21

How Judge Davis decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A party seeking stay relief to continue outside litigation strengthens the request by limiting recovery to available insurance and protecting the estate from enforcement.

“any possible recovery will be limited to the available insurance proceeds, and Mrs. Karp will not be able to enforce any judgment against the debtors or the estate without further order of this Court.”

A totality-of-circumstances dismissal requires evidence beyond the debtor's mathematical ability to fund a repayment plan.

“the United States Trustee must show more than a debtor’s ability to fund a Chapter 13 plan.”

Procedural preferences

A requested reorganization must rest on credible evidence rather than speculation about possible financing or future litigation.

“[a] reasonable probability cannot be grounded solely on speculation”

Cautions

Consent orders granting prospective stay relief remain binding when entered with counsel, left unappealed, and followed by a later default.

“The consent order was signed by me, was not appealed, and became final.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Dittenber v. Brown (In re Brown)
· 2013-03-14
Summary judgment (the plaintiff) Granted

“Plaintiffs Motion for Summary Judgment is GRANTED.”

Davis v. Springleaf Financial Services, Inc. (In re Davis)
· 2015-09-09
Default judgment (the plaintiff) Granted

“Plaintiffs Motion for Default Judgment as to Defendant is GRANTED.”

Smith Warehouse Holdings, Inc. v. Jaynes (In re Jaynes)
· 2013-01-16
Summary judgment (the debtors) Denied

“Debtors’ Motion for Summary Judgment is DENIED.”

Warren v. PNC Bank, Inc. (In re Warren)
· 2013-10-04
Summary judgment (PNC Bank, Inc.) Granted

“PNC’s Motion for Summary Judgment is GRANTED.”

Drake v. Sea Island Bank (In re Collins)
· 2012-05-16
Summary judgment (Sea Island Bank) Granted

“Sea Island Bank’s Motion for Summary Judgment is GRANTED.”

In re Williamson
· 2009-04-10
Motion for reconsideration and stay pending appeal (the debtor) Denied

“the Debtor’s Motion to Reconsider, in Part, Debtor’s Motion to Stay Memorandum and Order Pending Appeal is DENIED”

In re Barfield
· 2002-09-24
Motion to reopen case (the debtors) Granted

“Debtors’ Motion to Reopen their case is GRANTED.”

Walter v. Deutsche Bank National Trust Co. (In re Walter)
· 2012-10-15
Summary judgment (the defendants) Granted in part

“Defendants’ Motion for Summary Judgment is GRANTED as to Plaintiffs preference action, and DENIED as to Plaintiff’s RES-PA claim.”

In re Williamson
· 2008-09-03
Motions to dismiss (the debtor) Denied

“Debtor’s Motion to Dismiss is denied”

Motion to convert (the United States Trustee) Granted

“the United States Trustee’s Motion to Convert is granted.”

In re Thornes
· 2007-09-26
Motion to impose automatic stay (the debtor) Denied

“Motion to Impose Automatic Stay is DENIED.”

Matter of Strange
· 1988-03-16
Motions to dismiss (the United States Trustee) Granted

“Accordingly, this Chapter 7 case is hereby dismissed.”

Wessinger v. Raab (In re Greenberg)
· 2002-11-15
Motion to determine lien validity priority or extent (the Chapter 7 trustee) Granted

“Defendant Mary Raab’s judgment lien IS AVOIDED AND SET ASIDE”

A historical record

Judge Davis 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.