Ben T. Barry
How Judge Barry rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Barry no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Barry decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
A Chapter 13 plan had to preserve adequate-protection payments until the trustee could begin the plan's equal monthly secured-claim payments.
“adequate protection payments must begin within 30 days of filing the petition, and must continue until the trustee has funds available to pay the equal monthly payments proposed in the debtor’s plan.”
Cautions
Late amendments did not cure concealed assets when the debtor amended only after the trustee discovered the omissions.
“The Court finds that the debtor claimed his August 7, 2012 exemptions in bad faith.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court denies the debtors’ Motion for Approval of a Property Settlement and to Use Insurance Proceeds but grants the debtors’ Motion to Incur Debt.”
“ORDER DENYING TRUSTEE’S MOTION TO DEFER FILING FEES IN APs 5:13-ap-7103 AND 5:13-ap-7106”
“the Court sustains the debtor’s objection in part and overrules the objection in part.”
“the Court avoids the debtor’s fraudulent transfers of the Lake Park Loop property”
“The Court also sustains the trustee’s objections to the debtor’s exemptions as to the exemptions claimed by the debtor for the first time on August 7, 2012.”
“Finally, the Court denies the debtor’s chapter 7 discharge.”
“the Court grants the Spi-veys’ motion to dismiss that portion of the complaint relating to § 523(a)(4) for lack of standing.”
“the Court denies the Lewises’ complaint under § 523(a)(4), and grants the Lewises’ complaint under § 523(a)(2)(A) in the amount of $144,200.00”
“Legacy’s motion to strike and amend the debtors’ petition and schedules is denied.”
“An order was entered granting Legacy relief from the stay on February 25, 2008.”
“Based on the above discussion, the Court denies the debtor’s motion for contempt.”
“the Court sustains the trustee’s objection to the debtors’ claim of exemptions in part”
“denies the trustee’s motion for turnover without prejudice to give the debtors the opportunity to amend their scheduled exemptions.”
“the Court finds that a debt in the amount of $115,885.00 is nondischargeable under § 523(a)(4) and (a)(6), and a debt of $3,984.40 is nondischargeable under § 523(a)(4)”
“During the trial, the debtor moved for a directed verdict as to the § 523(a)(2) cause of action, which the Court granted.”
“the Court grants Arvest’s complaint to determine the dis-chargeability of debt as to its § 523(a)(4) cause of action subject to the conditions stated.”
“the debtor’s Complaint to Avoid Preference is denied.”
“the Court overrules the debtors’ objection to the claim of the IRS and allows the IRS claim as an allowed secured claim”
A historical record
Judge Barry 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.