Thomas W. Waldrep Jr.

How Judge Waldrep rules, drawn from 30 signed orders. Every observation links to the order it came from.

Judge Waldrep no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Middle District of North Carolina
Position
bankruptcy
Status
Retired 2013
Served
2004–2013
Commissioned
2004-01-01
Signed orders read
30

How Judge Waldrep decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In a secured-transactions dispute, delivery and the governing sales law limited the supplier to an unperfected interest that the trustee could avoid.

“Perdue is therefore limited to an unperfected security interest in the Corn, which the Trustee may avoid.”

Procedural preferences

The court enforced the deadline for filing a dischargeability complaint when the creditor did not establish a basis for equitable tolling.

“Rule 4007(c) prohibits the Court from extending the time for filing once the initial deadline has passed, and equitable considerations do not weigh in favor of a finding of timeliness.”

Cautions

A debtor seeking conversion was denied relief after the court found bad faith in conduct before and after the petition.

“The Debtor’s prepetition and post-petition acts establish her bad faith conduct, rendering her unqualified to be a debtor under Chapter 13.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Burns v. First Bank (In re Southeastern Materials, Inc.)
· 2011-07-02
Motion to dismiss adversary claims (First Bank) Granted in part

“the Motion shall be granted in part and denied in part. The Motion is granted with regard to the First Alternative Claim, the Fourth Claim, the Fifth Claim, and the Sixth Claim. The Motion is denied with regard to all of the remaining claims in the Complaint.”

Saslow v. Michael (In re Michael)
· 2011-07-15

After trial, the court denied the debtor's discharge under three provisions and made a criminal referral.

Nabco, Inc. v. Holmes (In re Holmes)
· 2008-08-27
Motion to dismiss adversary proceeding (Richard M. Holmes) Granted

“The Motion to Dismiss will be granted.”

In re Remember Enterprises, Inc.
· 2010-02-05
Motion to dismiss bankruptcy case (MPR/Volce Macchina, LLC) Denied

“the Court will deny the Motion to Dismiss.”

Application for private sale (Chapter 7 trustee Everett B. Saslow Jr.) Granted

“the Trustee’s proposed sale is fair and reasonable under the circumstances and will benefit the estate. Therefore, the Court will grant the Application as well.”

In re Bostic Construction, Inc.
· 2010-06-25

The court interpreted an earlier settlement order and held that it did not bar personal state-law claims.

In re Goines
· 2007-11-13
Motion to convert chapter 7 to 13 (Debtor) Denied

“The Debtor’s prepetition and post-petition acts establish her bad faith conduct, rendering her unqualified to be a debtor under Chapter 13. The Conversion Motion will be denied.”

KGB International, Inc. v. Watford (In re Watford)
· 2007-08-09
Summary judgment (KGB International, Inc. and Channel Imports, Inc.) Granted

“KGB International, Inc. has a valid PACA Trust claim in the amount of $33,345.86, and such claim shall be a non-dischargeable debt of the Debtor pursuant to 11 U.S.C. § 523(a)(4).”

Summary judgment (Armstrong Marketing, G. Cefalu & Bros., Inc., and Cornucopia Produce) Granted

“the debts owed to the Plaintiffs are nondischargeable in Watford’s personal bankruptcy.”

Burns v. Creech
· 2006-08-22

After trial, the court authorized the trustee to sell the estate's and a co-owner's interests in real property.

In re Clark
· 2011-02-04
Objection to proof of claim (Patricia D. Clark) Granted

“the Objection to Proof of Claim of Larry D. Clark, filed by Patricia D. Clark on December 17, 2010, is hereby SUSTAINED”

In re First Street Mart, Inc.
· 2011-04-26
Application for attorney compensation (Daniel C. Bruton and Bell, Davis & Pitt, P.A.) Granted in part

“Daniel C. Bruton, Esq. and the law firm of Bell, Davis & Pitt, P.A. will be allowed $4,300.00 in fees and $57.31 in expenses, for a total of $4,357.31”

Hensley v. Pace Airlines, Inc. (In re Pace Airlines, Inc.)
· 2012-12-11
Application for administrative expense (Outten & Golden LLP) Denied

“O & G failed to carry its burden to demonstrate that the fees and expenses sought in the Application are entitled to administrative status under Section 503(b).”

Advocare of North Carolina, Inc. v. Rhodes
· 2005-06-17
Summary judgment (Advocare of North Carolina, Inc.) Granted

“The Plaintiff is entitled to judgment as a matter of law on its First Claim for Relief (Declaratory Judgment) regarding the fifth and sixth causes of action.”

Caseload & timing

From public federal docket records for this judge.

No assigned docket records were located under the tested name variants, so this layer contributes no caseload or timing measurements.

A historical record

Judge Waldrep 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.