Bill H. Brister
How Judge Brister rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Brister no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brister decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor seeking stay relief could be adequately protected by collateral that would not materially depreciate while a prompt reorganization proposal was prepared.
“Where the property against which the security interest is claimed is not reasonably calculated to depreciate that, in itself, is a form of adequate protection”
Procedural preferences
Actual knowledge of a bankruptcy required a creditor to investigate deadlines and protect its claim even without formal notice.
“Thus it had a duty to protect its interest by making inquiry as to the status of the bankruptcy case.”
Cautions
Property claimed as exempt remained in the estate until the objection period expired and could not be transferred prematurely.
“During that thirty day period neither the trustee nor the debtors can take any action concerning that property claimed to be exempt which might adversely affect the interest of the other.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the debtor’s motion was not timely filed and is therefore denied.”
“FmHA and its cognizant officials are in contempt by virtue of that conscious and intentional action in making setoff demand against ASCS monies.”
“I have considered all of those factors in rejecting the request by the debtor for compensatory award of attorney’s fees.”
“the refusal of debtor’s counsel in that regard is not evidence of bad faith and does not entitle FmHA to an award of attorney’s fees.”
“Farmers Home Administration may not setoff against the indebtedness owed it by Hill those monies which otherwise are payable by ASCS to, or for the benefit, of Hill.”
“The motion by Roy Don Hodges and Ann Hodges to dismiss this Chapter 11 case be, and it is hereby, presently denied without prejudice.”
“the application for compensation and expenses filed by Kathy Hall, attorney for the debtor, be, and it is hereby, denied.”
“the following described real property and the following described personal property with aggregate value of less than $30,-000.00 be, and it is hereby, declared exempt on the debtor’s application”
“the remaining claimed exemptions, including furniture to the extent of $1,000.00, cash value of Massachusetts Life Insurance Company policies numbered 6-576-108, 5-131-609, 4-143-959, and 4-562-187, and dentist and orthodontics tools and equipment be, and each of them is hereby, DENIED.”
“those funds may not be used by the debtor without consent of the bank or order of this Court.”
“The challenges by the Official Unsecured Creditors’ Committee to the security transactions on June 8, 1982, be, and they are hereby, overruled and denied”
“The challenges by the Official Unsecured Creditors’ Committee to the security transactions on August 23, 1982, be, and they are hereby, sustained”
“The order for use of cash collateral and adequate protection entered by this Court on September 7, 1983, be, and it is hereby, set aside”
“The motion for modification of stay filed by InterPirst Bank Odessa N.A. be, and it is hereby, presently denied without prejudice.”
The court fixed the amount subject to setoff and ordered the balance returned, but the available disposition did not map cleanly to a single motion outcome.
“the motion for modification of stay filed by Small Business Administration be, and it is hereby, presently denied without prejudice”
“summary judgment be, and it is hereby, entered on behalf of the trustee Robert B. Wilson against the Department of Health and Human Services and Health Care Financing Administration”
“To the Amarillo Hospital District the sum of $13,128.35 in payment of its secured hospital lien”
“To Wanda Marie Shahan, debtor, the sum of $7,500.00 in payment of the exemption to which she is entitled”
“the challenges by The Amarillo National Bank to the exemptions claimed by the debtors, Huey Foster Grant and Taffy Jane Grant, be, and they are hereby, denied and overruled.”
A historical record
Judge Brister 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.