Charles M. Walker
How Judge Walker rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Walker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A plan's claim-reservation provisions are read together with the disclosure statement to determine whether creditors could identify and evaluate the retained asset.
“Here, when section 9.02 of the Plan is read in conjunction with section 8.02, other relevant plan provisions as designated above, and the Disclosure Statement, creditors are able to clearly see that the Arbitration Claim is expressly included among the means for implementing the Plan, and work to protect the estate from the loss of those assets that are in the form of causes of action.”
Procedural preferences
An allowed claim should not be stripped without notice merely because the creditor's current address cannot be located.
“Stripping a creditor of an allowed claim with no notice evidences a substantial prejudice to a property right”
Cautions
Relief needed to implement a reorganization should be addressed through the plan and confirmation process rather than assumed to remain available after confirmation.
“This relief could and should have been sought through the plan and confirmation process.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated in the Memorandum contemporaneously filed herewith, IT IS ORDERED, ADJUDGED and DECREED that judgment will be entered in favor of the Debtor.”
“The Trustee’s motion is denied. The claim of Parsa remains allowed”
“the Trustee's objection to the Debtor's claimed exemption is OVERRULED.”
“Therefore, Ritzen’s Motion to Dismiss is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
All nine matters were terminated. Four motion-bearing streams supplied the nine grounded docket outcomes; the other five retained no readable disposition.
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