James N. Barr
How Judge Barr rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Barr no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Barr decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
A party seeking a nondischargeability ruling needed creditor status and a right to payment.
“Absent creditor status, the SEC lacks standing to pursue an action under that section of the Bankruptcy Code.”
Cautions
Filing a bankruptcy petition to delay related litigation and protect an insider supported an improper-purpose sanctions finding.
“Here, the history of litigation between the parties and the testimony of DiLullo and Davis create a strong inference that the petition was filed for an improper purpose — i.e., to delay the Los Angeles Action and to limit DiLullo’s liability for legal fees and costs associated with that litigation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based on the above, I will grant WSCR’s motion for summary judgment and deny the trustee’s motion for summary judgment because there are no genuine issues of material fact and WSCR is entitled to judgment as a matter of law.”
“The SEC has no right to payment from Cross and is, therefore, not a ‘creditor’ for purposes of § 523(a)(2)(A). Absent creditor status, the SEC lacks standing to pursue an action under that section of the Bankruptcy Code. Therefore, I will dismiss the SEC’s complaint.”
“Klein will be awarded sanctions in the amount of $10,000.00 for the violation of Rule 9011(b)(1) to be paid by DiLullo and Davis, jointly and severally.”
“No sanctions will be awarded under 28 U.S.C. § 1927 because bankruptcy courts lack authority to award sanctions under that statute.”
“Finding that all required elements have been met, I shall confirm the plan as proposed.”
“Based thereon, I will deny the Trustee’s motion for summary judgment and, sua sponte, grant summary judgment to the Sauers.”
“Therefore, all the Limited Partners except WWFM and Wenz are entitled to judgment on the complaint as to all causes of action.”
“Therefore, I will deny Walters’ summary judgment motion, and leave such questions, and their progeny, for trial or a later motion.”
“IT IS HEREBY ORDERED that the Debtors’ motion for reconsideration of my order of June 27, 1989 is granted, however, having reconsidered said order,”
“For all of the foregoing reasons, I have concluded that neither the defendant’s deed of trust nor its rights thereunder has been extinguished by application of C.C.P. § 726.”
“I will deny the Debtor confirmation of her plan of reorganization because the plan fails to comply with the provisions of 11 U.S.C. §§ 1123(a)(4) and 1129(b)(2); and an order will issue accordingly.”
“Because there was no hearing conducted in conjunction with the initial determination of the Debtor’s tax liability for the period July 31, 1983 to March 31, 1986, and, similarly, because the requisites for the application of res judicata to that determination were not met, a second determination of liability by The Board for the same period is not precluded, notwithstanding the fact that the first determination became ‘final’ before the second was made.”
“Therefore, in accordance with the findings and conclusions expressed herein, I will approve the employment of GRUBB & ELLIS by the Debtor in possession in this case retroactive to November 3, 1987, the date escrow instructions for the sale of the subject property were signed.”
“An order will issue in accordance with this opinion temporarily restraining the Bank from evicting the Debtors from the subject property.”
“As to the Debtors’ motion for relief from the effect of my prior orders, I deny that motion for want of sufficient Points and Authorities exploring its relevant issues.”
A historical record
Judge Barr 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.