Clarence Edwin Luckey
How Judge Luckey rules, drawn from 32 signed orders. Every observation links to the order it came from.
Judge Luckey no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Luckey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A vehicle qualified as a tool of trade only when its design and principal use tied it closely to the debtor's main work.
“unless it is uniquely suited for and principally used in connection with a principal business activity.”
Procedural preferences
Adequate protection was treated as a flexible, fact-specific way to preserve recoverable lien value during reorganization.
“The flexibility is important to permit the courts to adapt to varying circumstances and changing modes of financing.”
Cautions
A newly created shell entity without a viable rehabilitation purpose could not use Chapter 11 merely to delay foreclosure.
“this court should act to prevent abuse of its jurisdiction and misuse of a remedy provided by the Bankruptcy Code.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion of the debtors that the Order entered June 15, 1982, allowing the trustee’s objection to the claimed exemption be set aside should be allowed.”
“The Court overrules the trustee’s objection to the debtor’s claim of exemption”
“Defendant, State of Oregon, Builder’s Board’s motion for summary judgment is granted.”
“Defendant Wilmeth’s motion for summary judgment is granted”
“defendant I.R.S. is granted its motion for summary judgment against the plaintiff.”
“the Court finds that the defendant Bank has a valid perfected security interest in the 1976 Ford pickup truck.”
“the creditor is therefore under the findings of the Court not entitled to present possession of the cash collateral”
“The court concludes that both cases should be dismissed to prevent further misuse of the Chapter 11 remedy”
“Separate judgment for the Bank consistent herewith shall be entered”
“The trustee’s complaint is denied.”
“It is Ordered that the debtor may use the cash from the rents and profits to operate the hotel”
“the trustee is deemed to have timely moved to accept the contract, and is entitled to an order that he may accept the monetary check-off benefits”
“The Order allowing the trustee’s objections to claimed exemptions entered February 8, 1982 remains effective.”
“The trustee’s objection to the debtor’s claim of exemption in the 1979 Toyota as a tool of trade in the amount of $550.00 is sustained.”
“The objection of the trustee to the claimed exemption is overruled, and the claimed exemption ordered allowed.”
Caseload & timing
From public federal docket records for this judge.
Historical docket-level caseload and timing could not be measured from the available records.
A historical record
Judge Luckey 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.