Stephen V. Callaway
How Judge Callaway rules, drawn from 10 signed orders. Every observation links to the order it came from.
Judge Callaway no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Callaway decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A postpetition effort to withdraw the debtor's existing certificate was voided and restrained under the automatic stay.
“TEA’s December 13, 1989, denial of the Certificate of Approval of Draughon Training Institute, Inc. and the assessment of interest on unrefunded tuition and fees, is NULL and VOID”
The court approved asset sales where the record supported estate benefit and the trustee's business judgment.
“The Court approves the Brazos Sale Motion as being in the best interests of the creditors and the Estate”
Procedural preferences
The court would not compel regulators or accreditors to transfer approvals to a purchaser that had not satisfied their requirements.
“defendants, TEA, DOE and AICS are not precluded from enforcing their licensing, certification and accreditation requirements against Walker and/or any other transferee of the debtors.”
The court halted pleadings, deadlines, motions, and discovery while the district court considered withdrawal of the reference.
“the stay imposed by that order shall remain in full force and effect over any responsive pleadings, any responses to applicable deadlines, any further proceedings on any pending motions and matters”
Cautions
Although the agency's certificate action was restrained, sovereign immunity barred damages and attorney's fees.
“all claims of the debtor against the TEA for damages, attorney’s fees, etc. pursuant to § 362(h) are DENIED”
The court ordered a rehearing when the homestead-exemption record needed further factual development.
“a rehearing be GRANTED for the taking of testimony on the Trustee’s objection to claim of homestead exemption.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Draughon’s request that this court order defendants to transfer to Walker the licenses and accreditations previously issued to Draughon is denied.”
“TEA’s December 13, 1989, denial of the Certificate of Approval of Draughon Training Institute, Inc. and the assessment of interest on unrefunded tuition and fees, is NULL and VOID, and TEA is ordered to RESCIND this denial, and to REINSTATE and otherwise RESTORE all rights which Draughon Training Institute, Inc. had in its Certificate of Approval as of December 7, 1989;”
“Absent a lifting of the § 362(a)(3) stay, the TEA shall REFRAIN from any further acts to revoke, or deny, or otherwise interfere with Draughon Training Institute, Inc.’s Certificate of Approval”
“all claims of the debtor against the TEA for damages, attorney’s fees, etc. pursuant to § 362(h) are DENIED”
“IT IS ORDERED that a rehearing be GRANTED for the taking of testimony on the Trustee’s objection to claim of homestead exemption.”
“IT IS HEREBY ORDERED that the Order Granting Interim Stay of Proceedings [Docket # 123] is made FINAL”
“The Court approves the Sale Motion as being in the best interests of the creditors and the estate”
“The Court approves the Brazos Sale Motion as being in the best interests of the creditors and the Estate”
“The Court approves the Monkhouse Sale Motion as being in the best interests of the creditors and the Estate”
“The legal and factual bases set forth in the Sale Motion and the record establish just cause for the relief requested in the Sale Motion”
“IT IS ORDERED THAT Regions Bank’s original September 30, 2011 assignment is reformed to reflect that Regions Bank assigned all of its right, title and interest in Claim 8”
“The Plan, which consists of the Plan and modifications set forth in this Confirmation Order or on the record at the Confirmation Hearing, is approved and confirmed under Bankruptcy Code Section 1129 in its entirety.”
“Any objections that have not been withdrawn, waived, or settled, and all reservations of rights pertaining to confirmation of the Plan included therein, are overruled on the merits.”
A historical record
Judge Callaway 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.