David W. Houston III
How Judge Houston rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Houston no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Houston decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Summary judgment was denied when successor-liability and payment-application facts required development at an evidentiary hearing.
“This court is of the opinion that this adversary proceeding is replete with numerous material factual issues that remain in dispute.”
Postpetition financing could not be used to transfer control and dictate plan terms outside the confirmation process.
“the purpose of the Meadowbrook post-petition financing proposal still violates the holding of Braniff because it achieves the same effect as a sub rosa Chapter 11 plan of reorganization.”
Procedural preferences
Plausibility review required specific factual allegations rather than overarching conclusions.
“the counterclaim must assert specific factual events or incidences that support the perceived causes of action”
Undisputed evidence could support complete resolution where every side sought summary judgment on the developed record.
“there are no material factual issues remaining in dispute in this adversary proceeding.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Green Tree is not entitled to a judgment as a matter of law.”
The opinion fashioned a repayment adjustment for undisclosed insurance premiums but did not expressly grant, deny, or partially grant the trustee's motion to declare the long-term claim current.
The opinion resolved the merits through summary judgment and imposed an offsetting sanction, but did not expressly state the disposition of the defendants' motion.
“A separate order will be entered contemporaneously herewith overruling Admiral’s motion for summary judgment.”
“the Chapter 13 trustee’s objection to confirmation is not well taken and will be overruled”
“BAC is entitled to partial summary-judgment as a matter of law as to Count 1 of the debtor’s complaint.”
“its joinder in BAC’s motion for partial summary judgment as to Count 1 of the complaint is not well taken.”
“the debtor’s motion for partial summary judgment as to the invalidity of HUD’s non-purchase money deed of trust is well taken and will be sustained.”
“the court is compelled to deny the proposal as currently presented by Belk Properties and Meadowbrook.”
“The defendants’ Rule 12(b)(1) and Rule 12(b)(6) motion to dismiss will be overruled”
“the motion for summary judgment is not well taken and will be overruled”
“the court will award the debtor a judgment against the respondent, Quick Lend, Inc., in the sum of $365.85”
“the court is of the opinion that the Atac Motion to Disburse is not well taken”
“the court allows Jamison’s claim in the following amounts”
A historical record
Judge Houston 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.