Janet S. Baer
How Judge Baer rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge Baer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Baer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A tax purchaser’s protected lien and refund rights supported allowing Chapter 13 debtors to cure delinquent real-estate taxes through their plans.
“After review of the relevant case law, this Court is persuaded that the better view is to allow a chapter 13 debtor to cure delinquent real estate taxes over the life of the plan.”
Procedural preferences
Turnover relief required the disputed asset to be property of the bankruptcy estate.
“Only estate property can be the subject of a turnover order.”
Cautions
Copied legal analysis without attribution prompted a separate fee inquiry for counsel.
“Many courts, including this one, condemn ‘the practice of 'cutting and pasting' from judicial opinions without appropriate attribution.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Debtor’s motion to vacate the Court’s Order, which disallowed her exemption in the Adoption Tax Credit on the basis of the public assistance exemption in the Illinois Exemption Statute, is granted, and the Trustee’s objection to the exemption is overruled.”
“For the foregoing reasons, the Debtors’ motion to avoid the Creditor’s judicial lien is conditionally granted, provided that the Debtors complete their chapter 13 plan and obtain a discharge in the bankruptcy.”
“Therefore, modification of the stay for cause under § 362(d) is not appropriate, and the motions will be denied.”
“Further, to the extent that the tax purchasers object to confirmation of the debtors’ chapter 13 plans on the basis that delinquent real estate taxes cannot be paid in installments through a chapter 13 plan, those objections are overruled for the reasons stated herein.”
“For the foregoing reasons, the Debtor’s motion to compel the Trustee to release funds to the Debtor’s attorney is granted.”
“For the foregoing reasons, HBLC’s motion to dismiss the adversary proceeding is granted.”
After an evidentiary valuation proceeding, a wholly unsecured residential lien was avoided subject to plan completion and discharge.
“In addition, the Court finds that the Creditor’s junior lien on the 4731 Property may not be stripped off the property under § 506(d), and, therefore, the Debtors’ motion will be denied without prejudice.”
After trial, the debtor failed to establish undue hardship and the remaining student-loan debt was held nondischargeable.
“For the foregoing reasons, FBR’s motion in limine is denied”
“FBR’s Motion for Leave to Amend Second Interim and Final Application of FBR Capital Markets & Co. is denied as moot.”
The court resolved a contested professional-fee application and denied reconsideration, but the selected motion units are drawn from the earlier opinion in the same fee dispute.
After trial, a judgment debt was held nondischargeable under fiduciary-defalcation and willful-injury provisions.
“Accordingly, the Court grants Walsh’s motion to dismiss the Debtor’s complaint, and that complaint is dismissed with prejudice pursuant to Rule 12(b)(6).”
A historical record
Judge Baer 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.