Susan D. Barrett
How Judge Barrett rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Barrett decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court gives controlling weight to unambiguous plan language and does not replace it with later oral assurances.
“I have found the Plan’s language is clear and unambiguous and therefore, Plaintiffs are not entitled to recover under this theory.”
Procedural preferences
A deliberate tactical choice to miss a claims deadline is not excusable neglect.
“the intentional and tactical decision not to file a claim does not amount to ‘neglect’”
Cautions
Material omissions and undervaluations in the schedules can justify a broad examination even after plan confirmation.
“the UST raised serious questions regarding the truth and veracity of Debt- or’s schedules.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“it is therefore ORDERED that the Motion to Dismiss is GRANTED.”
“For the reasons set forth below, I find this debt is dis-chargeable.”
“Len-Verandahs’s Motion to Allow Late Claim is DENIED and its claim is DISALLOWED.”
“Debt- or’s request for declaratory judgment, in-junctive and equitable relief, including actual and punitive damages, is ORDERED DENIED.”
“HSBC’s request for relief from the automatic stay is GRANTED”
“For the foregoing reasons, Movants’ motions are denied.”
“Debtor’s attorney’s Motion to Direct Payments is granted in part”
“Wells Fargo’s Motion for Relief from Stay is DENIED as MOOT.”
“Debtor’s Objection to the United States Trustee’s Motion to Dismiss is GRANTED in part and DENIED in part.”
“The United States Trustee’s Motion to Extend Time is DENIED.”
“Debtor’s Motion to Direct Payment of Funds Held by Chapter 13 Trustee is ORDERED GRANTED in part.”
“Capital One’s Objection is GRANTED.”
“Debtor’s Motion to Strike is DENIED”
“United States Trustee’s Motion for Rule 2004 Examination is GRANTED”
“Debtor’s Motion for Protective Order is DENIED.”
“the IRS’s motion for summary judgment is GRANTED”
“El-kins’s summary judgment motion is DENIED.”
“the Court DENIES both Debtor’s Motion to Continue the Stay”
“and Debtor’s Motion to Declare the Motion Moot.”
“the Trustee’s Motion to Sell is DENIED”
“QZO’s Objection to the Motion to Sell is GRANTED.”
“QZO’s objections to the expert testimony and the Alford Report are OVERRULED.”
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