Tony M. Davis
How Judge Davis rules, drawn from 30 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 lender seeking constitutional safe-harbor protection should ensure that the borrower’s written valuation matches the valuation actually used for the loan.
“If Chase wanted to shield itself using the safe harbor provision, it should have obtained a new evaluation on just the homestead property.”
Procedural preferences
In a collateral-valuation dispute, the secured creditor retains the ultimate burden to prove value even when the debtor initiated the claim objection.
“the Bankruptcy Code places the ultimate burden of proving the value of collateral on secured creditors.”
Cautions
Conversion of an individual case requires evidence of a benefit to all parties in interest, not merely pressure from one unsatisfied creditor.
“the Court is unable to find the requisite benefit inuring to all parties in interest that would support conversion to chapter 11.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Thus, the Trustee shall recover these amounts on his fraudulent transfer and breach of fiduciary duty claims.”
“Because the Cash Transfers Made to Mr. Hoisager were Made for No Consideration, those Transfers Cannot be Preferential Transfers”
“the request for exemplary damages is denied.”
“ACCORDINGLY, IT IS ORDERED that the Trustee is awarded interim compensation of $437,124.46 for disbursements made as a chapter 11 trustee and interim compensation of $6,815 for disbursements made as a chapter 7 trustee.”
“the Court concludes and recommends to the District Court that permissive withdrawal is not warranted at this time.”
“As the Debtor’s debts are primarily consumer in nature, section 707(b) applies to this case and the Trustee’s Motion to Dismiss is granted.”
“the Court finds the debts owed by the Shurleys to Moody Bank are dischargeable.”
“The Trustee has thus failed to meet his burden of proof.”
“the trustee has failed to carry his burden as to punitive damages.”
The amended ruling interpreted the lien-value requirement for a sale free and clear but did not itself finally resolve the sale motion.
“the motion for summary judgment should be granted as to the breach of contract claim, denied as to the quiet title claim, and denied as to the safe harbor.”
“The Court thus finds that the Amended Objection to Claim [ECF No. 185] is sustained.”
“the taxes assessed by the Commissioner in the amount of $1,269,561.89 are valid, allowed, and non-dischargeable.”
“For the reasons stated above, the motion for summary judgment is granted.”
“By separate order, this adversary proceeding will be remanded to the state court from whence it came.”
Caseload & timing
From public federal docket records for this judge.
Seven sampled dockets supplied the 25 selected express motion outcomes; three short or empty dockets supplied none.
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.