Out of a hesitation that anything written here would fall short and do a disservice to his memory, I will leave words of remembrance and mourning for others who knew Randy Doub better as a judge, an attorney and as man. The unanimous consensus of those who did know him well is that, though he was an accomplished attorney and well-respected jurist, he was an even better man, dedicated to his family, his community and his church.
But attention must be paid by all of us where we can and I hope to call at least some small amount of attention to one aspect of Judge Doub’s profession and life, namely as a consumer debtor’s attorney. Perhaps unique as a bankruptcy judge in North Carolina, earlier in his career, Randy Doub, Esq. represented individuals facing severe financial distress. A review of PACER records shows that from 1980 (from when such records are first available) until he took the bench twenty-six years later, in 1,946 cases, he represented more that 2,500 people. That includes 1,364 Chapter 13 cases, which, when coupled with his certification as a Consumer Bankruptcy Specialist by the North Carolina State Bar and his membership in the National Association of Consumer Bankruptcy Attorneys, make it clear that in addition to being a judge and a trustee, defending struggling homeowners and those driven in financial distress was long an important part of Judge Doub’s life.
Nor should it be thought that once he donned a black robe, that Judge Doub put aside these concerns. And while again I will let others better suited extol all that he did, both for the bankruptcy system and bar in North Carolina and outside the courthouse for his family, friends and community, it is worth noting that Judge Doub, always the eminently fair and pragmatic jurist, nonetheless was the author of some of the most important decisions upholding the rights of consumer debtors in bankruptcy. Just a small sampling of these case, with no attempt at being complete, include:
In re Barrett, 2011 Bankr. LEXIS 1704 (Bankr. E.D.N.C. May 6, 2011): creditor’s attorney fees were disallowed as the Deed of Trust only authorized such if bankruptcy could significantly affect the creditor’s rights, which were protected from modification by § 1322(b)(2).
In re Davila, 2014 WL 335393 (Bkrtcy.E.D.N.C.): Homestead exemption allowed for property intended as residence following bankruptcy.
In re Davis, 2014 WL 1310298 (Bkrtcy.E.D.N.C.): unclean hands by creditor precluded relief from stay.
In re Dexter, 2012 Bankr. LEXIS 219 (Bankr. E.D.N.C. Jan. 18, 2012): Bank sanctioned for failing to release insurance proceeds following hurricane damage.
McGinnis v. Fantone, 2013 WL 5798999 (Bkrtcy.E.D.N.C.): Dismissal of allegation of fraud based solely on filing Chapter 13 shortly after agreeing to a mediated settlement
Moses v. Cashcall, Inc. (In re Moses), 2013 Bankr. LEXIS 1534 (Bankr. E.D.N.C. Apr. 2, 2013), affirmed by Cashcall, Inc. v. Moses, 2013 U.S. Dist. LEXIS 122490 (E.D.N.C. July 12, 2013), appealled to the 4th Circuit, decision pending: Rejection of out-of-state payday lender’s request to compel arbitration or withdraw its proof of claim, as such was only an attempt to deprive the bankruptcy court of jurisdiction.
In re Perry, 2012 Bankr. LEXIS 4731 (Bankr. E.D.N.C. Oct. 9, 2012): Debtor who sought surrender her real property under 11 U.S.C.S. § 1325(a)(5)(C), was entitled to quitclaim the property if the creditor did not commence a foreclosure proceeding
In re Whitney, 2014 WL 183821 (Bkrtcy.E.D.N.C.): Homestead exemption allowed for part-time residence.
I know that the entire North Carolina bankruptcy bar will sorely miss Judge Doub and the even-handed decency he brought to every case in which he was involved. My prayers are with his family this week.
Doub Case List
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