Robert S. Bardwil
How Judge Bardwil rules, drawn from 13 signed orders. Every observation links to the order it came from.
Judge Bardwil no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bardwil decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A stay violation may support recovery of reasonable fees when counsel first made practical efforts to resolve the problem and those efforts were rebuffed.
“The court also concludes that the debtors, through counsel, made reasonable efforts to resolve these issues short of filing a motion, but their efforts were rebuffed.”
Procedural preferences
Original handwritten signatures were required for bankruptcy petitions and schedules under the court's local filing rule.
“documents with the significant legal effects of a bankruptcy petition and related documents, especially documents signed under the penalty of perjury, must, absent contrary rules adopted by a higher rule-making authority, be signed in ink”
Cautions
Fact-intensive good-faith defenses ordinarily should not be resolved from the face of a complaint.
“the court is not inclined to determine the factual issues attendant to a good faith defense on a Rule 12(b)(6) motion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated, the motion will be granted and the court will impose the penalty the UST suggests”
“For the reasons stated, the objection will be overruled.”
“the court concludes the plaintiff’s complaint contains factual allegations sufficient to state a claim to relief under § 548(a)(1)(A), and the motion will be denied.”
“For the following reasons, the motion will be granted in part.”
“For the reasons set forth above, the motion will be denied.”
“For the reasons set forth above, the court will sustain the committee’s objection.”
“For the reasons set forth below, the court will grant the motion.”
“For the reasons set forth above, the Motion will be denied.”
“the court will deny the Motion”
“The court will grant the Counter-Motion, but only with respect to Salyer and the Farm Entities’ records”
“For the reasons set forth above, the objection will be sustained.”
“As to the debtor’s claim for a declaration the bank has violated 15 U.S.C. § 1641(f)(2) (request for contact information for owner or master servicer) and her claim for actual damages under RESPA, the Motion will be granted, but the debtor will be granted leave to amend her complaint.”
“Application will be denied by separate order.”
Caseload & timing
From public federal docket records for this judge.
Completed-case duration is reported for 5 terminated matters in the fixed sample.
A historical record
Judge Bardwil 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.