Joseph N. Callaway

How Judge Callaway rules, drawn from 22 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Eastern District of North Carolina
Position
Bankruptcy judge
Commissioned
January 4, 2016
Signed orders read
22

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.

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).

Key rules from these orders · The court's local rules ↗

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.

In re Cooper
11-02804-8-JNC · 2017-01-20
Motion for adequate protection (First American Title Insurance Company) Denied

“Based on the foregoing, the Motion for Adequate Protection is DENIED.”

Motion for plan confirmation (Chapter 13 trustee) Denied

“The Motion for Confirmation is DENIED.”

Federal Insurance Co. v. Sorge (In re Sorge)
· 2017-08-01
Motion for leave to amend complaint (Federal Insurance Company, Great Northern Insurance Company, and Pacific Indemnity Company) Granted

“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).”

In re NOA, LLC
· 2017-09-29
Motion to appoint chapter 11 trustee (Branch Banking & Trust Company) Granted

“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.”

In re Johnson
· 2017-05-17
Motion to compel assumption or rejection of lease (RTO National, LLC) Granted

“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.”

In re Strongs
· 2017-06-13
Motion to dismiss bankruptcy case (Chapter 7 trustee) Granted

“The Trustee Motion is therefore ALLOWED, and the Second Case is hereby DISMISSED.”

Motion to extend time to object to discharge and dischargeability (Bio-Medical Applications of North Carolina, Inc.) Granted

“the court further orders that the Bio-Med Motion is deemed ALLOWED”

In re Sweeney
· 2016-08-18
Motion for valuation of collateral (Amy G. Sweeney) Granted in part

“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;”

In re Stiletto Manufacturing, Inc.
· 2018-07-19
Motion for relief from automatic stay (John Enderle) Moot / procedural

“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.”

In re Brown
· 2016-03-04
Objection to chapter 13 plan confirmation (Chapter 13 trustee) Granted

“The chapter 13 plan, as presently proposed, cannot be confirmed.”

Chapter 13 plan confirmation (Rachel M. Brown) Denied
Motion to dismiss bankruptcy case (Chapter 13 trustee) Denied

“However, instant dismissal will not serve the interests of anyone.”

B6USA, Inc. v. Hite (In re B6USA, Inc.)
· 2016-10-13
Preliminary injunction (B6USA, Inc.) Granted

“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.”

Preliminary injunction (Stephen M. Hite, Jr.) Denied
Federal Insurance Co. v. Sorge (In re Sorge)
· 2017-02-06
Motions to dismiss (Dennis P. Sorge) Granted in part

“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.”

Burgess v. CitiMortgage, Inc. (In re Burgess)
· 2017-07-19
Motions to dismiss (CitiMortgage, Inc.) Granted

“the motion to dismiss the Complaint in this Adversary Proceeding is ALLOWED”

Hoch v. Hoch (In re Hoch)
· 2017-09-20
Summary judgment (Marilynn J. Hoch) Granted in part

“the Jane Motion is GRANTED in part”

Summary judgment (Scott M. Hoch) Denied

“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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