Charles W. Baker
How Judge Baker rules, drawn from 13 signed orders. Every observation links to the order it came from.
Judge Baker no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Baker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court applied the recovery statute's text literally despite contrary equitable arguments favoring an initial transferee.
“This Court, however, refuses to overlook the unambiguous language of 11 U.S.C. § 550(a)(1):”
Procedural preferences
A party seeking a venue change bore the burden of justifying it, while the court retained the matter in the interest of justice and convenience.
“the burden of proof in such matters lies on the movant seeking the change of venue”
Cautions
The court declined to add payment requirements to Chapter 13 through an undefined good-faith standard.
“Caution tempers this Court not to create payment requirements to creditors when Congress has already said what payments are required.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Motion of State Boat is overruled”
“An Order overruling the objection of Sears and confirming the debtor’s Plan is entered contemporaneously herewith.”
“Accordingly the case should be converted to a Chapter 7 proceeding.”
“The debts may properly be off-set.”
“Accordingly, judgment should be entered against the defendant in the amount of $1,651.98 plus interest”
“Therefore, the second objection of Hillcrest is overruled.”
“Hillcrest’s objection on the basis of unfair discrimination against Class 6 is overruled.”
“The debtors’ plan will be confirmed by separate Order.”
“the defendants’ motion must necessarily be, and hereby is, denied.”
“the Trustee’s objection to confirmation of Plan should be and the same is hereby overruled”
“the Chapter 13 plan of Ronald W. and Mary L. Thebeau is confirmed.”
“payments on a debt which is unsecured by any lien on ‘property’ of the debtors.”
“The Court holds that the Worker’s Compensation benefits which were received by the Debtor prior to the filing of the Petition for Relief under Chapter 13 of the Bankruptcy Code and were segregated from other assets are exempt from payment to unsecured creditors.”
“the defendant, Department of Treasury, should, pursuant to § 553, be allowed to offset against the tax refund due the debtor the pro-rata share of the refund, $439.49”
“the remaining amount, $56.51, should be remitted forthwith to plaintiffs.”
“The debtors’ income meets this test and, therefore, the debtor is eligible for relief under Chapter 13”
“the Court finds that there is no requirement that a plan under Chapter 13 propose a payment to creditors in order to be in good faith”
“the Objection to confirmation by the trustee is overruled and the debtors’ plan is confirmed.”
“a Motion for Directed Verdict was granted, without objection from the Trustee as to Defendant Ronnie D. Sleeth.”
“the Complaint is dismissed without prejudice as to him.”
“the Court hereby enters judgment for the Trustee in the amount of $129,181 against Mid-Continent Systems, Inc. and Lehman Blackshear.”
A historical record
Judge Baker 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.