Helen Shaffer Balick

How Judge Balick rules, drawn from 21 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the District of Delaware
Position
bankruptcy
Status
Deceased
Served
1974–1998
Commissioned
1974
Education
The Dickinson School of Law
Signed orders read
21

How Judge Balick decides

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

What persuades

A debtor-in-possession could not exercise a purchase option while rejecting the obligations of the same lease.

“§ 365 does not permit the picking and choosing of parts of a lease. It is all or nothing.”

Procedural preferences

Domestic-relations expertise and judicial economy supported allowing Family Court to define marital-property interests.

“a bankruptcy court is not required and should not undertake to be a domestic relations court.”

Cautions

The debtor-in-possession remained subject to the trustee's statutory limitation period for avoidance actions.

“The object and policy of the Bankruptcy Code is to put the chapter 11 debtor in possession in the shoes of a trustee when none is appointed, and subject to the same limitations.”

Signed rulings

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

Matter of Continental Airlines, Inc.
· 1991-01-30

The court interpreted aircraft-financing protections to cover acquisition sale-leasebacks but did not expressly dispose of a party motion in the available decision.

Matter of Action Drug Co., Inc.
· 1989-12-29
Objection to sale procedures (Supreme Distributors) Denied

“The objection of Supreme is DENIED and the sale process shall go forward.”

In Re Walls
· 1991-04-10
Motion for order to show cause (Harry and Maureen Walls) Denied

“This is the court’s decision on Harry and Maureen Walls’ Motion for an Order to Show Cause. That motion must be denied.”

Matter of Gates Engineering Co., Inc.
· 1989-06-16
Motion to modify committee membership (State of Tennessee) Denied

“an order will be entered denying the motion.”

Continental Airlines, Inc. v. First Security Bank of Utah, N.A. (In Re Continental Airlines, Inc.)
· 1992-08-25
Motion for core determination (Continental Airlines, Inc. and New York Airlines, Inc.) Granted

“the court holds that the turnover action is core.”

In Re Motels of America, Inc.
· 1992-08-18
Objection to claim (Motels of America, Inc. and the unsecured creditors committee) Granted

“his proof of claim in the amount of $464,-720.00, as amended to $406,630.00, is DISALLOWED.”

Matter of Kennedy
· 1987-12-30
Motion for civil contempt (Chapter 11 trustee) Granted

“I therefore find a civil contempt”

Request for criminal contempt certification (Chapter 11 trustee) Denied

“deny the request for certification”

Request for costs (Chapter 11 trustee) Granted

“I grant the trustee’s request to impose the costs of this motion upon Mr. Kennedy.”

Continental Airlines, Inc. v. Allen (In Re Continental Airlines, Inc.)
· 1993-07-20
Motion to abstain remand or transfer (Marlyn Allen and other former employees) Granted

“the Court finds that abstention from this matter pursuant to section 1334(c)(1) is appropriate.”

Lindh v. Brenegan (In Re Brenegan)
· 1990-12-06
Complaint to determine nondischargeability (Alfred J. Lindh) Granted

“the award of the Family Court was in the nature of support and is therefore nondischargeable under 11 U.S.C. § 523(a)(5).”

Baker v. Baker (In Re Baker)
· 1987-06-17
Motion for relief from automatic stay (Patricia Lynn Baker) Granted

“The motion for relief from stay to continue with the Family Court proceedings ancillary to a divorce is GRANTED.”

Matter of Savidge
· 1985-04-25
Objection to secured claim status (Associates) Granted

“Associates’ objection to ITT’s secured status is SUSTAINED.”

Matter of Railway Reorganization Estate, Inc.
· 1991-09-30
Motion to estimate claim (Trustee Francis P. DiCello) Granted

“the court exercises its discretion to value CP’s contingent administrative expense claim at zero for the purposes of confirmation.”

A historical record

Judge Balick 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.