Thomas E. Baynes Jr.
How Judge Baynes rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Baynes no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Baynes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Foreign service must satisfy the applicable treaty and local service rules; mailing alone may not complete service.
“Accordingly, this Court finds that service by mail under Article 10(a) of the Hague Convention is insufficient in and of itself to constitute service abroad upon a defendant in Ontario, Canada.”
Cautions
A withholding adjustment alone did not establish intentional tax evasion without additional evidence of knowing and deliberate conduct.
“The Court’s own review of cases in this area revealed no instances where a Court found claiming too many exemptions on a W-4 is a sufficient act to establish a willful attempt to evade or defeat a tax absent other acts in either the bankruptcy or the tax case law.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED, ADJUDGED AND DECREED the Debtor’s Motion to Dismiss Chapter 13 Case, No. 97-4978-8B3, be and the same is hereby granted with the specific condition that the Debtor is barred from filing any future bankruptcy case in any jurisdiction which seeks relief from any claim filed by the IRS concerning the Debtor’s tax obligations for a period of two years from the date this Order becomes final.”
“The Court rules the summary judgment motion shall be denied and enters the following findings of fact and conclusions of law on the Debtors’ Complaint and the IRS’ Answer.”
“ORDERED, ADJUDGED, AND DECREED the Plaintiffs/Debtors taxes for the years 1982 through 1995 consecutively are dischargeable.”
“ORDERED, ADJUDGED AND DECREED the Debtors taxes for the year 1996 are not dischargeable.”
“ORDERED, ADJUDGED AND DECREED the Court grants the Motion by the United States for Entry of Summary Judgment on Issue of 11 U.S.C. § 523(a)(1)(C) and finds the Debtor’s personal tax liability, in the amount of $67,-672.00, is excepted from discharge under 11 U.S.C. § 523(a)(1)(C).”
“Further, this Court finds that either under § 509 or a Florida theory of equitable subrogation, Fibreboard is not entitled to subrogation.”
“ORDERED, ADJUDGED AND DECREED that the Emergency Motion to Dismiss Case with Prejudice or, Alternatively, for Abstention filed by Mary Ann Brose be, and the same is hereby, granted.”
“ORDERED, ADJUDGED, AND DECREED that the Court finds in favor of the United States Government, holding the payment of the priority tax claim under the confirmed Chapter 13 plan did not extinguish the Government’s right to collect postpetition interest and penalties on the priority tax claim where the Debt- or/Plaintiff received only a Chapter 7 discharge.”
“ORDERED, ADJUDGED AND DECREED that Debtors’ Amended Motion for Contempt and Sanctions for Violation of Discharge Order by Woodfield Community Association, Inc., is granted.”
“the Defendants’ Motion to Quash be, and same is hereby, granted as to Patrick Lett without prejudice to Trustee to properly serve Patrick Lett within twenty (20) days of the date of entry of this order.”
“the Defendants’ Motion To Quash be and the same is hereby denied as to Defendant Milehouse Investment Management Ltd. and they shall file their Responsive Pleadings within twenty (20) days.”
“ORDERED, ADJUDGED AND DECREED that the Debtors’ Objection to Claim of the United States of America be, and the same is hereby, sustained in part and overruled in part.”
“ORDERED, ADJUDGED AND DECREED that Robert Stokes, Esq., be, and he is hereby, appointed to serve as the Mediator, in accordance with Rule 9019-2 of the Local Rules of the United States Bankruptcy Court for the Middle District of Florida.”
“ORDERED, ADJUDGED AND DECREED the Motion to Determine Ownership of Certain Transferred Claims by DACA be, and the same is hereby, granted and News-tart Factors, Inc. is deemed the owner of the following claims: (1) Johnstown Communications — Original Claim No. S435419; (2) Packard’s — Original Claim No. S585450; and (3) Redwing Carrier, Inc. — Original Claim No. 3239.”
“ORDERED, ADJUDGED AND DECREED DACA’s Motion to Exclude Affidavits Filed in Connection with Motion to Determine Ownership of Certain Transferred Claims be and the same is hereby denied as moot.”
“ORDERED, ADJUDGED AND DECREED Debtor’s Motion to Dismiss For Failure to State a Cause of Action Count I Section 523 be, and the same is hereby, denied.”
“ORDERED, ADJUDGED AND DECREED both Debtor’s First and Second Motions for Sanctions Against America Online, Inc., be, and same are hereby, denied.”
“ORDERED, ADJUDGED AND DECREED Debtor’s Motion for Summary Judgment as to Count II Section 727 be, and the same is hereby, denied.”
“ORDERED, ADJUDGED AND DECREED American Online, Inc.’s Motion and Memorandum of Law for Partial Summary Judgment be, and the same is hereby, granted.”
Caseload & timing
From public federal docket records for this judge.
Five sampled terminated matters contained no docket entries, so no caseload mix or case-duration summary is available.
A historical record
Judge Baynes 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.