Douglas O. Tice Jr.

How Judge Tice rules, drawn from 20 signed orders. Every observation links to the order it came from.

Judge Tice no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Eastern District of Virginia
Position
bankruptcy
Status
No longer serving
Commissioned
1987-01-01
Signed orders read
20

How Judge Tice decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Accurate use of a registered debtor's legal name controlled lien perfection, without rescuing a filing through a generalized diligent-searcher theory.

“Little more is asked of a creditor than to accurately record the debtor’s name, and according to the statute, failure to perform this action clearly dooms the perfected status of a security interest.”

A trustee could reach claimed exemptions when concealment and noncooperation imposed losses on the estate.

“Allowing the trustee to surcharge their statutory exemptions in this case is, as the Ninth Circuit Court of Appeals held in Latman ‘reasonably necessary both to protect the integrity of the bankruptcy process and to ensure that [Debtors] exempt an amount no greater than what is permitted by the exemption scheme of the Bankruptcy Code.’”

Procedural preferences

Internal agency guidance was not applied selectively when the official bankruptcy form incorporated only the published expense figures.

“Either the guidance documents apply in total or they do not apply at all.”

Cautions

Repeated inaccurate schedules and sham obligations supported denial of discharge when they formed a knowing pattern rather than an isolated mistake.

“This pattern demonstrates that debtor’s false representations in her schedules were made knowingly and fraudulently.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Crockett v. Ferris (In re Ferris)
· 2011-03-31
Objection to discharge (creditor) Denied

“The court finds that the provisions of § 727(a)(2) and (a)(3) do not apply to bar Ferris’s discharge in bankruptcy.”

Dischargeability complaint (creditor) Granted

“The court further finds that $495,825.00, the debt owed Crockett from Ferris, is nondis-chargeable pursuant to § 523(a)(2)(A) of the Bankruptcy Code.”

In re Mobile Team, LLC
· 2011-01-10
Motion for disgorgement (chapter 7 trustee) Denied

“IT IS ORDERED that the trustee’s motion to disgorge is DENIED.”

Application to draw retainer (debtor's counsel) Granted

“IT IS FURTHER ORDERED that Hir-schler Fleischer is directed to submit an order allowing it to withdraw the balance of its retainer against the fee approved by the court on September 8, 2010.”

Halstead v. Bilter (In re Bilter)
· 2009-05-12
Summary judgment (Nancy Bilter) Granted

“Trial was held on May 29, 2008, at which time the court granted Nancy Bilter’s motion for summary judgment, dismissing the claims against her for lack of subject matter jurisdiction.”

Summary judgment (Frederick Bilter Jr.) Denied

“The court also denied debtor’s motion for summary judgment because there still remained questions of material fact.”

Request for punitive damages (creditor) Denied

“The court previously ruled that no punitive damages would be awarded, and plaintiff has not argued for punitive damages in her post-trial brief.”

Dischargeability complaint (creditor under § 523(a)(6)) Denied

“The court then ruled from the bench that plaintiffs request for punitive damages would be denied and that the § 523(a)(6) count of the complaint (willful and malicious injury) would be dismissed.”

Dischargeability complaint (creditor under § 523(a)(4)) Granted

“The judgment award against Frederick Jr. will be excepted from discharge pursuant to Bankruptcy Code § 523(a)(4).”

Motion for reconsideration (Nancy Bilter) Denied

“Accordingly, IT IS ORDERED THAT THE MOTION TO RECONSIDER JUDGMENT ORDER IS DENIED.”

McCall v. Telerent Leasing Corp. (In re BICC Ltd. Partnership)
· 2008-03-21
Motions to dismiss (defendants) Granted

“For reasons stated in this opinion, the court will grant defendants’ joint motion to dismiss the complaint. The court defers ruling on the other motions.”

In re Price
· 2008-02-08
Motion to setoff or surcharge exempt property (chapter 7 trustee) Granted

“ORDERED that the motion is GRANTED”

Phillips v. Moazzeni (In re Tarangelo)
· 2007-09-28
Fraudulent transfer avoidance action (chapter 7 trustee) Granted

“Based on the above, the court will enter an order avoiding debtor’s transfers to defendant of (1) 7424 Secretariat Drive, Mid-lothian, Virginia, and (2) the sale proceeds of $28,000.00.”

In re Pajot
· 2007-07-17
Objection to plan confirmation (four secured creditors) Granted in part

“For the above reasons, the objections to confirmation filed by each creditor are sustained in part, and the plan in each case must be modified to allow the secured and unsecured claims listed in Part III.D. above.”

In re Lynch
· 2007-05-08
Objection to plan confirmation (chapter 13 trustee) Denied

“IT IS ORDERED that the trustee’s objection to confirmation is OVERRULED.”

In re Morris
· 2007-05-01
Motion for reconsideration (Zabu Holding Company, Inc.) Granted

“For reasons stated in this opinion, the court grants the motions to reconsider and will vacate the order of December 21 and retroactively grant relief from the codebtor stay.”

Motion for reconsideration (SunTrust Mortgage, Inc.) Granted
Motion for reconsideration (debtor) Denied

“An order will be entered denying the motions to reconsider.”

Motion for reconsideration (Robert E. Morris) Denied
In re Hassett
· 2006-05-09
Motion to reopen bankruptcy case (debtor) Granted

“IT IS ORDERED that debtor’s motion to reopen her case is GRANTED”

In re Star
· 2006-04-24
Motion for credit counseling waiver (debtor) Granted in part

“Although the above statutory grounds do not support debtor’s motion for a permanent waiver of the credit counseling requirement, given debtor’s current circumstance, the court will allow him to proceed under § 109(h)(3).”

Motion to appear telephonically (debtor) Granted

“IT IS FURTHER ORDERED that upon completion of credit counseling, debt- or shall attend, telephonically, a new § 341 meeting of creditors”

Triplett v. ACS/PNC Educational Loan Center (In re Triplett)
· 2006-12-19
Dischargeability complaint (debtor) Denied

“For the foregoing reasons, the debtor's request for a discharge of her student loans based on undue hardship is denied.”

Caseload & timing

From public federal docket records for this judge.

All ten sampled matters were terminated, and every retained entry stream was empty.

A historical record

Judge Tice 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.