Richard T. Ford

How Judge Ford rules, drawn from 13 signed orders. Every observation links to the order it came from.

Judge Ford no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Eastern District of California
Position
bankruptcy
Status
Deceased
Appointed by
U.S. Court of Appeals for the Ninth Circuit
Commissioned
1988-01-01
Education
Fresno State College, B.A. in political science, 1952; University of California College of the Law, San Francisco (Hastings), J.D., 1958
Signed orders read
13

How Judge Ford decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A sustained pattern of nonpayment, late filing, nominee ownership, cash use, and luxury spending supported willful tax-evasion findings.

“The totality of debtors’ conduct distinguishes them from the ‘honest, but unfortunate’ taxpayers for whom the bankruptcy discharge is reserved.”

Procedural preferences

A stay-relief movant failed when its proof rested on a duplicate of an unsigned original declaration.

“This Court finds and holds that Avco has failed to meet its burden respecting lack of equity in the estate property and moreover that Avco has not submitted cogent evidence making a prima facie showing upon which relief could be granted.”

Cautions

A passenger vehicle was not treated as exempt commercial property when the record did not establish the statutory commercial-vehicle requirements.

“Since none of the demonstrated requirements for a commercial vehicle have been addressed in this case, the Court concludes that the vehicle at issue in this proceeding is not exempt as a commercial vehicle under § 704.060 of the California Code of Civil Procedure.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Swenson (In re Swenson)
· 2008-01-09
Objection to discharge concealment (United States) Granted

“Therefore, debtors’ general bankruptcy discharge is denied pursuant to 11 U.S.C. § 727(a)(2)(A).”

Objection to discharge false oath (United States) Granted

“Therefore, debtors’ bankruptcy discharge is denied pursuant to 11 U.S.C. § 727(a)(4)(A).”

Tax nondischargeability claim (United States) Granted

“Based on the preponderance of the evidence, the Court concludes that debtors have willfully attempted to evade or defeat the federal tax liabilities at issue in this case. Therefore, those tax liabilities are excepted from discharge pursuant to 11 U.S.C. 523(a)(1)(C).”

Priority tax nondischargeability claim (United States) Granted

“Therefore, debtors’ federal tax liabilities for tax years 2002, 2003, and 2004 constitute non-dischargeable priority tax claims.”

Declaratory judgment estate property (United States and Chapter 7 trustee) Granted

“Therefore, the Club Drive Residence constitutes property of the bankruptcy estate, by operation of 11 U.S.C. § 541(a)(1), and title to the property shall be corrected to properly reflect debtors’ ownership thereof.”

Motion for injunction (United States) Granted

“defendants Warren Swenson and Vicky Senella are hereby enjoined from taking any action with respect to the Club Drive Residence pending further instructions from this Court.”

In re Rawn
· 1996-08-14
Objection to claimed exemption (Chapter 7 trustee) Granted

“Based on the’evidence and authorities provided by the parties, the trustee’s Objection to Debtor’s Exemption is SUSTAINED.”

In re Kemp
· 1991-11-04
Objection to plan confirmation (Carrie Sattley and United States Trustee) Granted

“Accordingly, confirmation is DENIED.”

Statewide Oilfield Construction, Inc. v. Career College Ass'n (In re Statewide Oilfield Construction, Inc.)
· 1991-10-09
Motion for permanent injunction (debtor) Denied

“In light of the foregoing, the preliminary injunction entered against NATTS in this proceeding is dissolved, and Golden State’s request for a permanent injunction is denied.”

Committee of Unsecured Creditors v. RG Financial, Ltd. (In re Powerburst Corp.)
· 1993-04-16
Request for additional discovery before summary judgment (defendants) Denied

“DEFENDANTS’ request for additional time to conduct discovery and more fully develop the facts in this case under F.R.C.P. Rule 56(f), incorporated in Bankruptcy proceedings by F.R.B.P. Rule 7056, is denied.”

Motion to sever claims (Committee of Unsecured Creditors) Granted

“The COMMITTEE’S request for severance of these three claims under F.R.C.P. Rules 21 and 42(b), as incorporated by F.R.B.P. Rules 7021 and 7042 respectively, is granted.”

Motion for summary judgment third claim (Committee of Unsecured Creditors) Granted

“Summary judgment on the third cause of action is appropriate as the notes on their face bear an interest rate in excess of the New York criminal usury statute.”

Motion for summary judgment eighth claim (Committee of Unsecured Creditors) Granted

“Restitution .is appropriate as prayed for under the eighth cause of action.”

Motion for summary judgment first claim (Committee of Unsecured Creditors) Moot / procedural

“The granting of summary judgment as to the Third and Eighth Claims renders determination of the First Claim moot and therefore that Claim is not decided.”

Malone v. Wachovia Services, Inc. (In re Malone)
· 1990-06-01
Summary judgment (United States Department of Education) Granted

“IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment shall be and hereby is entered in favor of the U.S. Department of Education against James F. Malone in the principal amount of $11,299.00, plus pre-judgment interest in the amount of $6,923.40, for a total judgment of $18,222.40, with interest accruing thereon at the legal rate of interest from and after entry of judgment.”

United States v. Ayala (In re Ayala)
· 1989-10-10
Objection to discharge (United States and Small Business Administration) Granted

“the discharge must be denied.”

In re Garako Farms, Inc.
· 1988-12-16
Objection to plan confirmation (San Jose Production Credit Association) Granted

“confirmation of said plan is denied.”

In re Montgomery Drilling Co.
· 1990-12-04
Application for attorney compensation (Rutter, O’Sullivan, Greene & Hobbs Incorporated) Granted in part

“Then subtracting $106,504.00 that counsel has already removed from the estate, it leaves a net of $209,336.00 due as an administrative claim.”

Application for attorney compensation (Lee J. Cohen) Granted in part

“Then subtracting $31,875.00 that counsel has already removed from the estate, it leaves a net of $107,476.00 due as an administrative claim.”

Matter of Rauch
· 1990-01-18
Application for trustee compensation and expenses (Chapter 11 trustee) Granted in part

“the Court concludes that a Trustee’s fee of $7,500.00 is a reasonable fee.”

Ajootian v. Lamont Lions Club (In re Ajootian)
· 1990-09-05
Summary judgment (Resolution Trust Corporation) Granted in part

“That the Resolution Trust Corporation’s Motion for Summary Judgment is granted in part determining the Lamont Lions Club’s interest in the real property commonly known as 10401 San Diego Street, Lamont, California, to be junior, unenforceable, and invalid as to the Resolution Trust Corporation’s interest in the same.”

In re Dinubilo
· 1994-12-14
Renewed motion for sanctions (Chapter 7 trustee) Denied

“The Chapter 7 Trustee’s motion for sanctions is denied.”

Caseload & timing

From public federal docket records for this judge.

Completed-case duration is reported for the one terminated matter in the fixed sample.

A historical record

Judge Ford 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.