Susan D. Barrett

How Judge Barrett rules, drawn from 14 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Southern District of Georgia
Position
bankruptcy
Appointed by
U.S. Court of Appeals for the Eleventh Circuit
Commissioned
2006-03-22
Signed orders read
14

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.

Arsenault v. JP Morgan Chase Bank, N.A. (In re Arsenault)
not stated in reported decision · 2011-09-19
Motion to dismiss adversary complaint (JP Morgan Chase Bank, N.A.) Granted

“it is therefore ORDERED that the Motion to Dismiss is GRANTED.”

Adams v. Volpitto (In re Volpitto)
not stated in reported decision · 2011-03-22
Request to determine debt nondischargeable (Todd Adams and other former employees) Denied

“For the reasons set forth below, I find this debt is dis-chargeable.”

In re Graham Brothers Construction, Inc.
not stated in reported decision · 2011-05-16
Motion to allow late claim (Len-Verandahs, LLP) Denied

“Len-Verandahs’s Motion to Allow Late Claim is DENIED and its claim is DISALLOWED.”

Bryant v. HSBC Mortgage Services, Inc. (In re Bryant)
not stated in reported decision · 2011-07-11
Request for declaratory and equitable relief (Frances G. Bryant) Denied

“Debt- or’s request for declaratory judgment, in-junctive and equitable relief, including actual and punitive damages, is ORDERED DENIED.”

Motion for relief from stay (HSBC Mortgage Services, Inc.) Granted

“HSBC’s request for relief from the automatic stay is GRANTED”

Shuman v. Allan (In re Allan)
not stated in reported decision · 2009-03-31
Motion to modify confirmed plan (Robert Shuman and Alan & Harper Custom Homes, LLC) Denied

“For the foregoing reasons, Movants’ motions are denied.”

Motion to dismiss case (Robert Shuman and Alan & Harper Custom Homes, LLC) Denied
Wells Fargo Financial Georgia, Inc. v. Baxter (In re Williams)
not stated in reported decision · 2008-03-28
Motion to direct trustee payments (Debtor's attorney) Granted in part

“Debtor’s attorney’s Motion to Direct Payments is granted in part”

Motion for relief from stay (Wells Fargo Financial Georgia, Inc.) Moot / procedural

“Wells Fargo’s Motion for Relief from Stay is DENIED as MOOT.”

In re Molitor
not stated in reported decision · 2008-09-05
Objection to ust motion to dismiss (Cheryl Duffie Molitor) Granted in part

“Debtor’s Objection to the United States Trustee’s Motion to Dismiss is GRANTED in part and DENIED in part.”

Motion to extend time (United States Trustee) Denied

“The United States Trustee’s Motion to Extend Time is DENIED.”

Hampton v. Capital One Auto Finance (In re Hampton)
not stated in reported decision · 2008-02-22
Motion to direct payment of funds (Debtor) Granted in part

“Debtor’s Motion to Direct Payment of Funds Held by Chapter 13 Trustee is ORDERED GRANTED in part.”

Objection to proposed distribution (Capital One Auto Finance) Granted

“Capital One’s Objection is GRANTED.”

In re Kelton
not stated in reported decision · 2008-05-13
Motion to strike auditor report (Andrew Earl Kelton) Denied

“Debtor’s Motion to Strike is DENIED”

Motion for rule 2004 examination (United States Trustee) Granted

“United States Trustee’s Motion for Rule 2004 Examination is GRANTED”

Motion for protective order (Andrew Earl Kelton) Denied

“Debtor’s Motion for Protective Order is DENIED.”

Elkins v. Internal Revenue Service (In re Elkins)
not stated in reported decision · 2007-05-29
Summary judgment (Internal Revenue Service) Granted

“the IRS’s motion for summary judgment is GRANTED”

Summary judgment (Ralph L. Elkins) Denied

“El-kins’s summary judgment motion is DENIED.”

In re James
not stated in reported decision · 2007-01-17
Motion to continue automatic stay (Debtor) Denied

“the Court DENIES both Debtor’s Motion to Continue the Stay”

Motion to declare motion moot (Debtor) Denied

“and Debtor’s Motion to Declare the Motion Moot.”

In re Moyer
not stated in reported decision · 2007-09-12
Motion to sell estate property (Chapter 7 Trustee) Denied

“the Trustee’s Motion to Sell is DENIED”

Objection to motion to sell (Keith Stille and QZO, Inc.) Granted

“QZO’s Objection to the Motion to Sell is GRANTED.”

Objection to expert testimony (Keith Stille and QZO, Inc.) Denied

“QZO’s objections to the expert testimony and the Alford Report are OVERRULED.”

Draft for Judge Barrett with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Barrett, and what has not, cited to the signed orders.

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