Charles M. Walker

How Judge Walker rules, drawn from 4 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Middle District of Tennessee
Position
bankruptcy
Appointed by
U.S. Court of Appeals for the Sixth Circuit
Commissioned
2016-07-27
Education
Auburn University, B.A. in Aviation Management; Troy University, M.S. in Human Resources Management; The John Marshall Law School, J.D., cum laude
Signed orders read
4

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.

Mountain Glacier LLC v. Nestle Waters North America, Inc. (In re Mountain Glacier LLC)
3:16-ap-90113 · 2017-01-13
Summary judgment (Mountain Glacier LLC) Granted

“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.”

In re McDowell
· 2017-10-03
Motion to disallow claim (Chapter 13 trustee) Denied

“The Trustee’s motion is denied. The claim of Parsa remains allowed”

In re Bush
· 2018-10-02
Objection to claimed exemption (Chapter 7 trustee) Denied

“the Trustee's objection to the Debtor's claimed exemption is OVERRULED.”

Jackson Masonry, LLC v. Ritzen Group, Inc.
3:17-ap-90157 · 2018-04-03
Motions to dismiss (Ritzen Group, Inc.) Granted

“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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Ezel grounds your drafting and research in this profile: what has persuaded Judge Walker, and what has not, cited to the signed orders.

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