David T. Thuma
How Judge Thuma rules, drawn from 22 signed orders. Every observation links to the order it came from.
Judge Thuma no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Thuma decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court independently traced the nondischargeable amount to damages caused by fraud rather than relying only on the state judgment.
“Based on its own fact-finding, the Court concludes that Defendant defrauded Plaintiff, causing at least $194,644 in actual damages.”
The court considered a debtor's stated future plans when those plans themselves defeated the claimed residential exception to single-asset-real-estate treatment.
“Considering Debtor’s future plans seems appropriate in this case, however, because they are clearly inconsistent with the Residential Exception.”
Procedural preferences
Absent unusual circumstances, adequate protection begins when the secured creditor requests it rather than automatically on the petition date.
“Fixing the beginning of the adequate protection period to the motion date is simple, practical, consistent with the Code, and fair to both sides.”
Cautions
A prior default judgment did not establish fraud where the record did not show that the issue was actually litigated.
“even if issue preclusion were available, the Court would exercise its discretion and decline to apply the doctrine.”
A postpetition constructive trust required clear and convincing proof for what the court described as an unusual equitable remedy.
“Plaintiffs failed to prove by clear and convincing evidence that they are entitled to the unusual equitable remedy of a constructive trust.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff is entitled to a declaratory judgment from this Court that $883,992 of the state court judgment, plus interest accruing on that amount at 9% per annum after May 14, 2010, is nondischargeable under § 523(a)(2)(A).”
“Plaintiff’s motion for partial summary judgment will be denied by separate order.”
“After reviewing the evidence and making its own calculations, the Court concludes Sanchez has an unsecured, non-priority claim for $11,979.”
“The Court concludes Debtor’s Property qualifies as SARE.”
“If Debtor elects to commence interest-only payments to LANB to avoid stay relief, such payments would be based on a non-default contract rate of 5.5%.”
“Lopez’s debt to Plaintiffs stemming from the collision was discharged by the order entered May 9, 2016 in Lopez’s bankruptcy case”
“Debtor's claim objection therefore must be overruled.”
“Debtor was not a necessary party to the avoidance action so there are no grounds for setting aside the judgment against Tribble. In any event, Debtor lacks standing to seek such relief.”
“judgment should be entered against Plaintiff on his §§ 523(a)(4) and (a)(6) claims.”
“Debtors therefore will not be allowed to amend their Schedule C.”
“The Court therefore will grant the motion and overrule the objections.”
“The Court will therefore enter an award in the Debtor’s favor as follows: Actual damages: $ 150 Attorney Fees: $ 3,800 Total: $ 3.950”
“JS Ward is entitled to adequate protection payments of $571.66 per day beginning on February 24, 2016.”
Caseload & timing
From public federal docket records for this judge.
The duration summary remains limited to the five terminated early matters. The later adversary proceeding was added to recover a motion timeline.
A historical record
Judge Thuma 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.