Joseph N. Callaway
How Judge Callaway rules, drawn from 12 signed orders. Every observation links to the order it came from.
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. The Cooper stream supplied nine express Callaway-era outcomes.
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