George R. Hodges
How Judge Hodges rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Hodges decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A vehicle-purchase contract signed within 910 days of filing required full secured treatment despite an earlier lease of the same vehicle.
“Because Debtors signed the contract within 910 days of the bankruptcy filing, and the contract was a new separate transaction from their prior lease with FMCC, FMCC’s claim should be paid in full.”
For means-test household size, longstanding actual financial support carried more weight than a rigid tax-dependent or head-count formula.
“The reality of this debtor’s situation is that he is — and has been for several years — supporting his girlfriend, their daughter, and her eight children.”
Negative equity financed as part of a vehicle purchase remained within the protected purchase-money obligation.
“This court concludes that the financing of a motor vehicle that includes negative equity in a trade-in vehicle may constitute a ‘purchase money security interest’ that is not subject to modification by the debtors’ Chapter 13 Plan.”
Procedural preferences
After appointment of a Chapter 11 trustee with the same fiduciary constituency, duplicative committee activity and expense supported disbanding the committee.
“The Trustee is capable of and required to adequately represent the interests of unsecured creditors in these cases. Consequently, the Committee’s representation is duplicative and unnecessary.”
A motion to dismiss may be converted to summary judgment when the opposing party has already had a reasonable opportunity to present Rule 56 material.
“The court will treat the defendants’ Motion to Dismiss as one for summary judgment and will dispose of the motions as provided in Rule 56 of the Federal Rules of Civil Procedure.”
Cautions
An unsupported sanctions demand can expose the moving lawyer to a fee sanction when maintaining the claim becomes vexatious.
“The court has concluded that there is no merit to the motion and that it should be denied. Further, the court has concluded that maintenance of the claim for sanctions was vexatious and merits a monetary sanction against counsel for the debtor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that: 1. Debtors’ plan shall include a fully secured claim for FMCC in the amount of $10,341.78 at the Till rate of interest”
“The Trustee's Motion to Modify the debtor’s Chapter 13 Plan is allowed;”
“Debtors’ Emergency Motion for Turnover of Property is denied;”
“BB&T’s Motion for Relief From Stay is granted subject to the following condition;”
“The plaintiff’s Motion for Summary Judgment is DENIED.”
“Summary Judgment is GRANTED in favor of the defendants with respect to all three causes of action in the plaintiff’s Complaint.”
“Debtor’s Motion to reject executory contract is granted;”
“The Motion of The Alex N. Sill Company to set a date for debtor to assume or reject executory contracts was granted”
“is denied -- without prejudice to any right it may have to file a claim pursuant to the Bankruptcy Code.”
“Samantha Forrest’s secured claim against the debtor (including the allowed attorneys’ fees) is determined to be $101,561.15”
“The court approves for inclusion in Samantha Forrest’s claim an attorneys’ fee of $15,883.17;”
“Samantha Forrest’s Renewed Motion for Adequate Protection and Relief From the Automatic Stay and Request for Application of 11 U.S.C. § 362(e) and Determination of a Single Asset Real Estate Case is denied at this time, but is continued”
“it is therefore ORDERED that the Debtor’s Chapter 11 petition is dismissed.”
“The Trustee’s Objection to Confirmation is SUSTAINED.”
“The Trustee’s Motion To Disband Creditors’ Committee is granted;”
“the BA’s Motion to Dismiss is DENIED.”
“Wells Fargo Financial North Carolina 1, Inc.’s Objection to Confirmation is sustained;”
“the debtor’s Motion to Modify Chapter 13 Plan to Remove Debts is GRANTED.”
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 docket supplied one grounded motion outcome.
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