Douglas D. Dodd
How Judge Dodd rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Dodd no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Dodd decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A signed and verified loan application can carry decisive weight when the borrower later disputes the financial information attributed to it.
“then the contents of the application should, in general, be attributed to the [d]ebtor and entitled at least to great weight, and perhaps decisive effect.”
A creditor seeking to override deliberative-process protection must show that the need for the documents outweighs the governmental interest in confidentiality.
“Although the EPA properly claimed the deliberative process privilege for 51 of the 85 documents it declined to produce in response to the Liquidating Trustee’s subpoena, the Liquidating Trustee’s need for these documents outweighs the policies served by the privilege.”
Procedural preferences
A motion to dismiss does not resolve disputed merits questions that require development of the factual record.
“Woodlands’ motion to dismiss is denied as to Count I.”
A creditor seeking relief from a claims deadline must prove a recognized basis for that relief despite an otherwise binding confirmed plan.
“therefore its motion requesting that relief is denied.”
Cautions
An intentional contract breach alone does not establish the willful and malicious injury required for nondischargeability.
“But the intentional contract breach alone will not render a debt nondischargeable.”
False oaths concerning bankruptcy disclosures can result in denial of the debtor's entire discharge.
“The evidence established that debtors Peter and Alfreda Williams made false oaths that must result in loss of then-chapter 7 discharge under 11 U.S.C. § 727(a)(4)(A).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The trustee’s objection to confirmation is overruled.”
“The trustee’s complaint for turnover and avoidance will be dismissed.”
“Accordingly, the court overrules Iberia’s objection and avoids the liens of Iberia and Bayou in full under 11 U.S.C. § 522(f)(1).”
“are each allowed a nonpriority unsecured claim in for $5,000.”
“Accordingly, the EPA must produce the documents to the Liquidating Trustee.”
“Purpera’s motion to dismiss for lack of jurisdiction under Rule 12(b)(1) is denied.”
“His motion to dismiss for failure to state a claim under Rule 12(b)(6) is granted and the claims of the first amended and supplemental complaint against him are dismissed.”
“the evidence does not support a finding that Boring intended that damage, or that the damage was substantially certain to result from his actions.”
“therefore its motion requesting that relief is denied.”
“Manuel Pérsica, III has met his burden of proof under 11 U.S.C. § 727(a)(4)(A) and (C) and so the court will deny debtor Tommy Joe Gioele’s chapter 7 discharge.”
“The court sustains Royal Alliance’s objection to the debtor’s exemption claim for $355,130 in life insurance proceeds, in which the trustee has joined.”
“McBrier did not prove by a preponderance of the evidence that McDaniel made false representations or committed fraud at the time she signed the contract or when she assured him of her intent to pay him.”
“McBrier failed to demonstrate by a preponderance of the evidence that McDaniel provided him with writings respecting her financial well-being.”
“McBrier also failed to prove by a preponderance of the evidence that McDaniel committed a willful and malicious injury to him or his property.”
“Woodlands Motion to Dismiss and for Abstention is denied as to both the amended complaint and Regions’ cross claim.”
A historical record
Judge Dodd 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.