David S. Kennedy
How Judge Kennedy rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Kennedy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kennedy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
The record shows close attention to the distinct statutory scope of requested relief, including dividing mixed requests by issue or time period.
“Because the requirements of 11 U.S.C. § 327(e) and Federal Rule of Bankruptcy Procedure 2014 have been met, the Court will grant such relief as to the existing litigation. However, because § 327(e) requires a specified purpose, the Court, at this time, will deny without legal prejudice such relief as to future litigation in accordance with the foregoing.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Trustee’s ‘Objection to Confirmation’ is denied.”
“Based on the foregoing, the court grants the Wallises’ Motion in Limine”
“the Bayers’ dischargeability complaint is denied.”
“this court finds that $2,166 shall be discounted from Mr. Shelton’s final fee application, leaving a combined fee total of $40,529.14 allowed as an administrative expense under 11 U.S.C. § 503(b).”
“the Sanders’ dischargeability complaint is denied.”
“however, Mr. Wheeler’s 11 U.S.C. § 523(d) claim against the Sanders is clearly denied for the reasons mentioned above.”
“the court finds that entry of a default judgment against Mr. Denman is too drastic a result and not warranted at this time.”
“The United States’ ‘Motion for Sanctions for Failure to Comply With the Court’s Order Compelling Discovery’ is DENIED in part and GRANTED in part in accordance with the foregoing.”
“Debtor's Motion to Compel Claimants to Produce Limited Tax Returns is DENIED.”
“Mr. Thomas's amended application to employ Jonathan Miley Esq. is GRANTED NUNC PRO TUNC AS OF JULY 22, 2016 solely for the Schroer, Copeland, and State Court Litigation.”
“Mr. Thomas's amended application to employ Jonathan Miley Esq. is DENIED WITHOUT PREJUDICE as to future litigation in accordance with the foregoing.”
“Mr. Thomas's amended application to employ George Fusner Esq. is GRANTED NUNC PRO TUNC AS OF JULY 22, 2016 solely for the Schroer, Copeland, and State Court Litigation.”
“Mr. Thomas's amended application to employ George Fusner Esq. is DENIED WITHOUT PREJUDICE as to future litigation in accordance with the foregoing.”
“Debtor's Motion for Summary Judgment is GRANTED IN PART solely as to the first prong of the Brunner test.”
“Debtor's Motion for Summary Judgment is DENIED IN PART as to the second and third prongs of the Brunner test.”
“The Department of Education's Motion for Summary Judgment is DENIED.”
“Pacific Union Financial's motion for order confirming no stay in effect is GRANTED.”
“Debtor's motion to set aside the foreclosure of 4672 Crestfield Road, Millington, TN 38053 which occurred on June 7, 2018 is DENIED.”
Caseload & timing
From public federal docket records for this judge.
All five matters were terminated, but the archive returned no docket entries for any sampled stream.
A historical record
Judge Kennedy 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.