Eddward Phillip Ballinger Jr.
How Judge Ballinger rules, drawn from 2 signed orders. Every observation links to the order it came from.
How Judge Ballinger decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For a homestead sold before a statutory increase, Ballinger fixes the proceeds exemption under the law applicable on the sale date rather than using a later petition date to enlarge the exemption.
“the sale resulted in the fixing of the exemption as provided in the statute on the day of the sale”
Procedural preferences
A creditor must monitor the bankruptcy docket and protect filing rights even when a trustee's conduct creates confusion about case status.
“an interested party must protect its rights by monitoring a case until the case is closed”
Cautions
He limits equitable relief for a missed dischargeability deadline to exceptional situations in which the court itself affirmatively misled the filer.
“limited to situations in which the court has explicitly misled a party.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS HEREBY ORDERED denying Best’s Motion for Stay Relief and for Court to Abstain from Adjudicating Best’s Claim in CV2016-015284, Best’s Motion to Set Deadline for Objections to Discharge, and Best’s Motion to Dismiss Debtor’s Chapter 7 Proceedings.”
“IT IS FURTHER ORDERED granting Debtor Leticia Miranda-Garcia’s Motion to Reinstate Discharge Order Pursuant to Rule 4004(c).”
“Sustaining Creditor’s objection and limiting any homestead exemption in which Debtors may be entitled to the statutory amount of $150,000; and 2. Denying, without prejudice, Creditor’s request relating to use of the alleged homestead proceeds.”
Caseload & timing
From public federal docket records for this judge.
The nine terminated sampled matters ranged from 108 to 1,415 days, with a median of 589 days. The fixed sample combines early post-appointment matters with the opinion dockets and recent pending cases and is descriptive only.
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