David M. Warren
How Judge Warren rules, drawn from 22 signed orders. Every observation links to the order it came from.
About Judge Warren
David M. Warren serves as Chief United States Bankruptcy Judge for the Eastern District of North Carolina. His chambers are in Raleigh, where he presides over bankruptcy matters including Chapter 13 cases.
Judge Warren's practices and standing orders
Rules for cases before Judge Warren, as published on the court's website (checked October 11, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Contacting chambers
Direct case-related communications to the clerk’s office with a copy to opposing counsel; contact chambers only when directed.
“All case-related communications should be directed to the clerk’s office, with a copy to opposing counsel. Do not contact chambers on a case-related matter unless directed by the court.”
Filing
File and serve substantive hearing documents, including memoranda, before 2:30 p.m. on the last business day before the hearing, unless the court orders otherwise.
“Unless otherwise ordered by the court in a scheduling order or order shortening notice, substantive documents, including legal memoranda, must be filed and served before 2:30 p.m. on the last business day before a hearing on the matter addressed in the document.”
Conferences
For Chapter 13 motions days, file continuance motions or tell courtroom staff about settlements by noon the day before to remove a matter from the calendar.
“Counsel must file motions to continue or advise the courtroom staff of any settlements by NOON the day before a chapter 13 motions day to have a matter removed from the calendar. Resolutions and requests for continuance reached after noon will remain on the calendar and may be requested or announced in court.”
Conferences
Alert courtroom staff at least 24 hours before a hearing if a motions-calendar matter will need more than 15 minutes.
“Counsel are requested to advise the courtroom staff at least 24 hours before a scheduled hearing date if any matter on the motions calendar is expected to require more than 15 minutes of court time so that the matter may be given a specific setting.”
Conferences
File remote-appearance requests on the docket; remote argument requires cause and remote testimony requires the parties’ consent and substantial need.
“Requests for remote appearance should be filed on the docket and will be considered on a case by case basis. Remote argument is disfavored and will be allowed only for cause shown. Remote testimony is disfavored and will be allowed only with the consent of all parties, a showing of substantial need, and if the interests of justice so require.”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Warren decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the case In re Brown, Warren credited a manufactured-home appraisal that began with a recognized value and itemized adjustments over a more general appraisal.
“The court was impressed and persuaded by Banks’ detailed testimony describing the methodology used in the Banks Appraisal and how each adjustment from the Banks NADA Value was determined.”
Procedural preferences
In Ryan v. Defense Financing and Accounting Service, Warren held that the defendant waived its Rule 12(b)(6) defense by first filing an answer without raising it.
“In failing to raise the Rule 12(b)(6) defense in its Answer or by a motion filed prior to the Answer, the Defendant waived the right to assert this defense.”
In the case In re J and M Supply of the Carolinas, Warren refused a turnover order that would bypass ordinary execution on an existing money judgment.
“The court will not enter a turnover order that will bypass standard execution procedures on the Default Judgment.”
Cautions
In Tyner v. Tyner, Warren denied summary judgment on a constructive-trust theory because legal title to the retirement account had not transferred and factual disputes remained.
“North Carolina law does not allow this court to impose a constructive trust where no transfer of the legal title to the IRA occurred.”
In the case In re Gunboat International, Warren set aside an asset-sale order after finding the notice and sale process inadequate and lacking transparency.
“the failure of the Debtor and Finley to ensure transparency and fairness in the sale of the G4 assets demands revocation of the Chen Sale Order.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is ORDERED, ADJUDGED and DECREED that the Plaintiff’s Motion for Summary Judgment on the First Claim and Second Claim is denied.”
“Confirmation of the Plan be, and hereby is, denied without prejudice;”
“21st Mortgage’s Claim be, and hereby is, adjudicated to be an allowed secured claim in the amount of $39,359.91 pursuant to 11 U.S.C. § 506(a), and the Debtor and the Trustee be, and hereby are, directed to amend the Plan accordingly.”
“It is ORDERED, ADJUDGED, and DECREED that the Motion be, and hereby is, denied without prejudice.”
“The Motion is granted, and Rushmore and U.S. Bank are hereby held in contempt of the Discharge Order;”
“The Defendant’s Summary Judgment Motion be, and hereby is, granted;”
“IT IS ORDERED, ADJUDGED, AND DECREED that the Application be, and hereby is, denied.”
“the Summary Judgment Motion be, and hereby is, granted”
“The Motion for Summary Judgment be, and hereby is, allowed;”
“The Objection to Claim be, and hereby is, sustained;”
“the court shall enter a separate Judgment granting the Summary Judgment Motion.”
“the court did not make a specific ruling on the Strike Motion but now holds that the Strike Motion is moot”
“The Reconsideration Motion be, and hereby is, allowed”
“The Stay Motion be, and hereby is, denied without prejudice.”
“Mr. Dev's request for relief from the automatic stay be, and hereby is, denied as moot;”
“Mr. Dev's request for imposition of sanctions against the Debtor be, and hereby is, denied;”
“CFCU's request for relief from the automatic stay be, and hereby is, denied as moot;”
“CFCU's request for relief from the co-debtor stay be, and hereby is, granted.”
“The Second Avoidance Motion is granted, because the requested relief is already provided by the Avoidance Order as amended by this Order.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters were terminated. The five historical streams were empty; the opinion-linked adversary docket supplied one grounded motion outcome.
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Warren, and what has not, cited to the signed orders.
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