David H. Adams
How Judge Adams rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Adams no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Adams decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court declined to rewrite statutory language merely because the result was unpopular.
“it is not the position of this Court to effect a change to the language of a statute because its outcome is unpopular; rather such changes need to come from Congress alone.”
A confirmed financing order bound a notified party that chose not to object or appeal.
“Where a party has adequate notice of a motion, fails to appeal the entry of an order granting the motion, and fails to avail itself of the process to object to its treatment under the motion and order, a new due process right does not arise and all parties are bound by the order.”
Procedural preferences
The court treated the proper procedural vehicle as outcome-determinative in judgment enforcement.
“the debtor has not complied with the appropriate procedure for judgment enforcement pursuant to Fed. R. Bankr.P. 7069.”
Cautions
Serial bankruptcy filings used as bargaining leverage supported a lengthy prejudicial dismissal.
“The bankruptcy process is not to be used as a settlement and negotiating tactic for debtors who have disputes with creditors.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Porter’s objection is SUSTAINED.”
“Porter’s failed to meet his burden of proof regarding his objection to the debt- or’s exemption in $20,908.63 in wages; therefore the objection is OVERRULED.”
“Porter’s objection to this exemption is OVERRULED.”
“Porter met his burden of proof as to his objection to the debtor’s exemption of the $2,462.37 overpayment in her IRA; therefore, the objection is SUSTAINED.”
“FCB’s Objection to the Chapter 13 Plan is hereby SUSTAINED”
“confirmation of the plan is DENIED.”
“relief under this Count is DENIED.”
“relief under this Count is GRANTED and those defendants are found liable, jointly and severally, to the debtor in the amount of $1,615,000.”
“The total damages awarded to the debtor against Byers, Merel, Clotworthy, WPN and WP New Orleans, jointly and severally, pursuant to Count VI is $2,546,174.59, together with interest thereon from the date of this judgment order until paid.”
“relief under this Count is GRANTED as to WPN only.”
“relief under this Count is GRANTED as to Byers only.”
“relief under this Count is GRANTED as to WPN and WP New Orleans.”
“therefore no legal malpractice can be found and relief under this Count is DENIED.”
“therefore no breach of fiduciary duty can be found and relief under this Count is DENIED.”
“the Motion to Approve Entry of Order Relating to Poydras (Louisiana), LLC is DENIED”
“the debtor’s discharge is hereby REVOKED.”
“the trustee’s Request for Hearing is GRANTED”
“his Motion for Turnover of Vehicle Title is hereby DENIED.”
“The trustee’s Objection to Debtor’s Claim of Exemptions is OVERRULED”
“his Motion to Compel Filing of Tax Returns is GRANTED”
“his Motion for Turnover is DENIED.”
“debtor’s motion for summary judgment is DENIED”
“Herricks motion for summary judgment its DENIED.”
“Herricks is precluded from litigating the validity of the lien priming accomplished by the DIP Order”
“we hereby adopt the accrual method to determine debtor’s liability for all post-petition expenses.”
“Debt- or’s lessors are entitled to other charges as allowed under the terms of their respective leases”
“hereby grants it authority to seek rehearing within 10 days of the entry of this order”
“the Debtor’s Objection to Claim is sustained”
“the IRS’s Objection to Confirmation is denied”
“the IRS’s Motion for Summary Judgment is denied.”
“the Official Unsecured Creditor’s Committee’s Motion for Judgment on Partial Findings is DENIED.”
“The Motion to Compel must therefore be GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Nine streams were empty. Edwin Allen Gooch Jr. had entries, but the reassignment to Judge Adams occurred after discharge and supplied no Adams-era decisional outcome.
A historical record
Judge Adams 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.