J. Bratton Davis
How Judge Davis rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Davis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Davis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A trustee could avoid an unperfected security interest when the assignment secured a loan and no financing statement had been filed.
“the unrecorded assignment of Berry’s renewal commissions to First Union is hereby avoided pursuant to § 544”
A creditor's letters, scheduled claim, and participation in the case collectively established a timely informal proof of claim.
“Commodore has effectuated a timely, informal proof of claim amendable and allowable under the Bankruptcy Code.”
Procedural preferences
Repeated filings without a convincing change in circumstances supported dismissal and a temporary bar on refiling.
“That the debtors’ case be dismissed; That the debtors not file another petition for relief under the Bankruptcy Code before July 8, 1989”
Cautions
A party that took an inconsistent position in approved disclosure statements was barred from sharing in a later distribution.
“this court holds that Tega Cay is judicially estopped from participating in the proposed distribution to unsecured creditors.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED THAT: (1) the unrecorded assignment of Berry’s renewal commissions to First Union is hereby avoided pursuant to § 544; and (2) First Union’s claim against the debtor estate is that of a general unsecured creditor.”
“(1) The agreements are security agreements. (2) Wink’s objection to the motion to value the security should be overruled.”
“Wink’s objection to the motion to value the security should be overruled.”
“The debtors’ Second Amended Chapter 13 Plan, filed November 9, 1992, should be confirmed.”
“the obligations of the defendant to the plaintiff to pay: the credit card debts, the Dick Banks debt, the second mortgage on the Bridge Street residence, and the plaintiff $5,000 for attorney’s fees, are obligations in the nature of alimony, maintenance and support, therefore, nondischargeable under § 523(a)(5)(B).”
“The plaintiff has failed to sustain that burden.”
“interest accrues and should be applied to the allowed unsecured claims from the date of the filing of the petitions for relief until final payment thereof at the rate of 14% per annum on the allowed judgment creditors’ claims, and at the rate of 8¾% per annum on the other allowed unsecured creditors’ claims.”
“plaintiff’s motion for summary judgment should be, and the same is, hereby, denied.”
“the mortgage of the debtor, recorded in Mortgage Book N-170, page 045, in the R. M. C. Office for Charleston County, South Carolina, on November 18, 1987, is void as a security interest in the property of the debtor.”
“the plaintiffs’ motions for summary judgment should be granted, and the filing of the second financing statement should be avoided pursuant to § 547(b).”
“That the debtor’s case be dismissed;”
“That the movants’ request for costs and attorney’s fees be denied.”
“The movant, pursuant to § 362(d)(1), is entitled to relief from the automatic stay in order to pursue its claim to the ice cream processing equipment.”
“the defendant’s $155,000. debt to the plaintiff is non-dischargeable.”
“The debtor’s motion for summary judgment to disallow proofs of claim numbers 13, 15, 18 — which are superseded by amended proofs of claim numbers 27 and 28 — is granted as it relates to proof of claim number 28”
“The debtor’s motion for summary judgment to disallow proofs of claim numbers 13, 15, 18 — which are superseded by amended proofs of claim numbers 27 and 28 — is granted as it relates to proof of claim number 28 and denied as it relates to proof of claim number 27.”
“the debtor’s objection to the trustee’s settlement is overruled”
“the debtor’s objection to the trustee’s settlement is overruled and the proposed disbursement allowed.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated; durations ranged from 396 to 687 days, with a median of 612 days.
A historical record
Judge Davis 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.