David P. McDonald
How Judge McDonald rules, drawn from 37 signed orders. Every observation links to the order it came from.
Judge McDonald no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McDonald decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Exemption claims required a valid Missouri-law basis connecting the claimed asset to the asserted exemption.
“Debtor has failed to point to any Missouri statute or common law principle that would exempt her interest in the Bank Account from attachment or execution.”
Summary judgment depended on whether the movant eliminated a material factual dispute on the governing defense.
“UHC has failed to demonstrate in its motion and supporting affidavit that there are no material facts in dispute so that it is entitled to judgment as a matter of law.”
Procedural preferences
A mandatory filing defect required dismissal when the record did not support the statutory good-faith exception.
“The Court, therefore, has no discretion under § 521(i)(l) but to dismiss Debtor’s case effective on the 46th day after he filed his petition for relief, which is March 28, 2006.”
A creditor seeking nondischargeability needed a reasonable factual and legal investigation before filing.
“The creditor, therefore, must make a reasonable investigation of the facts and law supporting its claim before filing the adversary complaint.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that debtor’s request for appointment of counsel IS DENIED.”
“Trustee’s Objection to Confirmation IS SUSTAINED”
“Sharon’s objection to James’ claim is overruled.”
“James’ motion to dismiss will be granted; provided however, that the dismissal shall be set aside if Sharon files an amended plan within fifteen days that provides for the payment of James’ allowed secured claim.”
“The court will sustain the objections.”
“The Court accepts Trustee’s amended request of $7,503.85 as reasonable”
“Based upon a review of the record the Court will deny Snyder’s motion in its entirety.”
After trial, the court held that a truck-driving-school loan funded by a for-profit business was dischargeable; the trial counterclaim is retained outside motion statistics.
“the doctrine of res judicata bars Debtors from now asserting that a portion of the Tax Refund is exempt under Missouri law.”
“Trustee’s objection to White’s homestead exemption will be sustained.”
“the Court will deny Linda Nolfo and Aaron Dubin’s motion for sanctions against Debtor and Lee Elliott.”
“the Court will grant Trustee’s motion to amend and clarify the Financing Order under Rule 60(b)(6).”
“Transferee is entitled to judgment as a matter of law on its ordinary course of business defense under § 547(c)(2).”
“Accordingly, the Court will deny its Motion for Summary Judgment.”
“Thus, the Court will deny its motion.”
A historical record
Judge McDonald 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.