David Robert Duncan
How Judge Duncan rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Duncan no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Duncan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A lien may be avoided even when the underlying debt might be nondischargeable, because discharge and lien avoidance are separate questions.
“the avoidability of a lien is not affected by the dischargeability of the underlying debt.”
Concrete financial records and credible projections are necessary to carry feasibility and good-faith burdens.
“Debtor has failed to paint a clear picture of his financial situation.”
Procedural preferences
A subpoena must provide a reasonable time to object and comply.
“Ameris’s counsel did not have a reasonable time either to object or comply with the subpoena.”
Cautions
Repeat filers seeking an extended stay must support claimed changes with realistic income and expense evidence.
“Debtors have not provided the Court with realistic, accurate projections of their future income and expenses.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Debtors’ Motion is granted in part. $86,998 of the $111,400 judicial lien is avoided.”
“Wells’ Motion is granted, to the extent that Wells is permitted to take action necessary to immediately protect its interest in the collateral.”
“Debtor’s Motion is granted. Mr. Drennan’s judicial lien is avoided pursuant to section 522(f)(1)(A).”
“Service-Master’s Dismissal Motion is denied. Debtor’s Avoidance Motion is granted. The entire amount of ServiceMaster’s judicial lien is avoided.”
“the Committee is not a party in interest in Debtor’s chapter 9 case, and its Standing Motion is denied. The Committee’s Reconsideration Motion is moot.”
“the Objection to Claim is overruled. Saxon is entitled to relief from stay under 11 U.S.C. § 362(d)(1) and (2). The claim is allowed and Saxon’s Motion for Relief from Stay is granted.”
“Trustee’s Objections to Exemptions are sustained. Debtors cannot take homestead exemptions in the Fallen Timber property. Because they have no homestead exemptions, Debtors cannot avoid SCBT’s judgment lien. Debtors’ Motions to Avoid Judicial Lien are denied.”
“Orion is not entitled to relief from stay. Orion’s Motion is denied.”
“Plaintiffs Motion is granted in part. Plaintiff is entitled to summary judgment on its section 523(a)(6) cause of action. The debt owed by Debtor to Plaintiff in the amount of $108,568.90 is nondischargeable. The previous Indiana default judgment is not entitled to collateral estoppel effect on summary judgment.”
“Debtor’s Plan does not meet the requirements of section 1129 and confirmation is denied.”
“Debtor’s Motion is denied.”
“Ameris’s Motion is granted. Debtor’s subpoena is quashed.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated; durations ranged from 102 to 1,841 days, with a median of 579 days.
A historical record
Judge Duncan 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.