Joseph N. Callaway
How Judge Callaway rules, drawn from 22 signed orders. Every observation links to the order it came from.
About Judge Callaway
Joseph N. Callaway has served as a United States Bankruptcy Judge for the Eastern District of North Carolina since January 4, 2016. He primarily holds court in Greenville and also holds hearings in New Bern.
Judge Callaway's practices and standing orders
Rules for cases before Judge Callaway, 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.
- Judge procedures and scheduling instructions ↗
- Court Procedures and Practice Tips (Revised May 2026) ↗
Key rules
Filing
File expected hearing exhibits and a witness list as a docket PDF by 4 p.m. Eastern time on the preceding day.
“Documentary exhibits expected to be presented or relied upon at hearing, along with a list of witnesses, must be filed in the case CM/ECF docket in PDF by 4:00 pm prevailing Eastern Time the day before the hearing.”
Filing
For a settlement requiring Rule 9019 approval, file the approval motion in the main bankruptcy case, even if the dispute arose in an adversary proceeding.
“If a settlement requires approval pursuant to Federal Rule of Bankruptcy Procedure 9019, a motion seeking approval of the settlement must be filed in CM/ECF in the main bankruptcy case rather than in the adversary proceeding (if applicable).”
Conferences
Consumer motions day hearings are in person; matters with testimony, exhibits, or complex argument must be presented in person.
“Consumer motions hearings days are held in person. The trustee attorney will be present in the courtroom for those hearings. All cases involving witness testimony, presentation of exhibits, or complex argument must be presented in person.”
Conferences
Request a remote video hearing jointly at least three full business days before the hearing.
“Counsel may jointly request that the court, in its discretion, set a matter for hearing by remote video process (such as Zoom). The request should be made as far in advance as possible and in any event at least three full business days in advance of the hearing.”
Conferences
Request a continuance for a non-consumer day matter by written motion after consulting opposing counsel.
“A continuance for a non-consumer day matter must be requested by written motion. Opposing counsel should be consulted in advance.”
Conferences
Active participants in a video hearing must keep their cameras on while facing the camera unless excused.
“If actively participating in the hearing, the video camera must be on at all times, with the participant facing the camera, unless excused by the court.”
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 Callaway decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the reviewed trustee-appointment decision, the court found that an independent fiduciary would serve creditors and the estate.
“The court therefore finds that cause exists and that it is in the best interests of creditors and the estate to appoint a chapter 11 trustee pursuant to 11 U.S.C. §§ 1104(a)(2) and 1112(b)(1), as directed in the Trustee Order.”
Procedural preferences
In the reviewed stay-relief decision, the court treated an ordinary-course transaction as effective without additional authorization and concluded that the stay did not apply.
“The Modified Agreement also occurred in the Debtor's ordinary course of business, and accordingly was authorized and effective without necessity of notice or hearing.”
Cautions
Adequate protection required a decline in collateral value attributable to the automatic stay, not merely a changed lien position.
“the decreased value is not attributable to the stay”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based on the foregoing, the Motion for Adequate Protection is DENIED.”
“The Motion for Confirmation is DENIED.”
“The Motion for Leave to Amend is ALLOWED and the Objection is DENIED; however, allowance of the Motion does not affect the Dismissal Order, which remains in full force and effect with respect to the dismissed exception to discharge claim based on breach of fiduciary duty under 11 U.S.C. § 523(a)(4).”
“The court therefore finds that cause exists and that it is in the best interests of creditors and the estate to appoint a chapter 11 trustee pursuant to 11 U.S.C. §§ 1104(a)(2) and 1112(b)(1), as directed in the Trustee Order.”
“Based upon the foregoing, the Agreement will be treated as a true lease under the evidence presented in this matter. Accordingly, RTO’s Motion to Compel is allowed.”
“The Trustee Motion is therefore ALLOWED, and the Second Case is hereby DISMISSED.”
“the court further orders that the Bio-Med Motion is deemed ALLOWED”
“The Manufactured Home’s value is set and established as $14,700 as of the Petition Date and for plan purposes in Ms. Sweeney’s chapter 13 case;”
“The Modified Agreement also occurred in the Debtor's ordinary course of business, and accordingly was authorized and effective without necessity of notice or hearing. Accordingly, for this matter, there is no executory contract for the Debtor to reject or assume, and the automatic stay does not apply.”
“The chapter 13 plan, as presently proposed, cannot be confirmed.”
“However, instant dismissal will not serve the interests of anyone.”
“Accordingly, on the cross-motions for preliminary injunction, the motion of the plaintiff, B6USA, is ALLOWED, and the motion of the defendant, Stephen M. Hite, Jr. is DENIED.”
“The motion to dismiss Counts I, III, and IV is DENIED except to the extent Count I asserts an alternative objection to the discharge of the Fraud Debt under 11 U.S.C. § 523(a)(4), which alternative claim is dismissed.”
“the motion to dismiss the Complaint in this Adversary Proceeding is ALLOWED”
“the Jane Motion is GRANTED in part”
“The Scott Motion is DENIED.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters were terminated. Five outcomes from the accessible Cooper docket entries are counted.
Draft for Judge Callaway with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Callaway, and what has not, cited to the signed orders.
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