J. Craig Whitley
How Judge Whitley rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Whitley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Whitley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Full payment of allowed unsecured claims satisfied the confirmation requirement without also requiring every dollar of projected disposable income.
“Only one of the prongs need be met, not both.”
Detailed allegations of director misconduct were sufficient to permit the challenged claims to proceed beyond the pleading stage.
“each of the aforementioned causes of action state plausible claims for relief”
Procedural preferences
Late counterclaims that duplicated an existing statutory remedy and expanded the dispute were disfavored.
“These counterclaims were late, improperly filed and at the most inopportune time opened a new front in the litigation.”
Cautions
Equitable considerations could not excuse noncompliance with an unambiguous eligibility deadline.
“It is well established that equitable principles cannot override the clear dictates of a statute.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“CONSEQUENTLY, the Winns’ Motion to Modify Plan is GRANTED.”
“Based on the foregoing, the Defendants’ Partial Motion to Dismiss Amended Complaint is DENIED.”
“IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Debtors’ Motion to Avoid Judgment Lien is denied with prejudice.”
“The Trustee’s Objections to Exemptions are SUSTAINED.”
“Preston’s Motion to Amend her Exemptions is DENIED as to the residential exemption, N.C. Gen.Stat. § 1C-1601(a)(1), but ALLOWED as to the N.C. Gen.Stat. § lC-1601(a)(2) ‘wildcard’ exemption to the extent of $5,000”
“The Trustee’s Motion for Turnover is GRANTED to the extent of $2,887.59.”
“Defendants’ Motion for Directed Verdict as to Sabrina Collins Hill is GRANTED;”
“Defendants’ Motion for Directed Verdict as to Ronald Creigh Hill is DENIED;”
“For the reasons stated above, the BA’s motion to dismiss is DENIED.”
“(1) Partial Summary Judgment is GRANTED to Staton, as to the following matters:”
“(3) Mileski’s Cross Motion for Summary Judgment is GRANTED to the extent of deeming Staton’s damages (excluding the attorneys fee award) to be outside the ambit of Section 523(a)(6).”
“MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION”
“CFCU’s Motion for Summary Judgment is DENIED.”
“Pusateri’s Motion for Summary Judgment for an Order Granting Attorney’s Fees, Costs, and Expenses is GRANTED IN PART.”
“CFCU’s Motion to Dismiss its claims against the Debtor is GRANTED.”
“The Trustee’s motion for summary judgment is therefore GRANTED.”
“denying Walker’s Motion to Dismiss”
“denying Walker’s Motion for Summary Judgment”
“allowing Purchasers’ Motion to Amend their complaint to state a third legal grounds for nondischargeability, under 11 U.S.C. § 523(a)(6).”
“Walker moved for a directed verdict. Her motion was denied.”
“Accordingly, the reconsideration motion is DENIED.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated and every entry stream was empty.
A historical record
Judge Whitley 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.