Manuel Barbosa
How Judge Barbosa rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Barbosa no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Barbosa decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An unscheduled creditor could receive a late opportunity to litigate dischargeability when the debtor knew of the potential claim but failed to provide notice of the case and bar date.
“A debtor’s ‘unilateral decision that the creditor was not owed a debt and therefore need not be scheduled cannot be allowed to circumvent the creditor’s right to notice.’”
A dismissal request based on bad faith required more than showing that bankruptcy frustrated collection; seeking statutory protection from creditor enforcement is ordinarily a legitimate reason to file.
“it is usually the case that debtors file for bankruptcy to seek protection from creditors’ collection or enforcement actions.”
Procedural preferences
Relief from a final order required prompt action and a good explanation; carelessness and sitting on rights did not establish extraordinary circumstances.
“to be reasonable, a delay ought to have a good explanation.”
A creditor that had notice of confirmation could not remain passive and later attack the confirmed treatment of its claim.
“To sit back while confirmation progresses and concludes without taking action is fatal to a post-confirmation attack on the treatment of the IRS’s claim.”
Cautions
A complaint had to supply factual allegations supporting each legal theory; unsupported labels such as conversion did not receive the assumption of truth on dismissal.
“the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“As a result, the Trustee’s objection is overruled.”
“Accordingly, the Cross-Motion to Revoke or Vacate the Confirmation Order is denied.”
“For the foregoing reasons, the Court grants UCC’s motion to impose liens and encumbrances”
“grants the UCC’s motion to restrict and limit loan transactions”
“grants the UCC’s motion to approve restrict bank account”
“For the foregoing reasons, the Court grants Defendant’s motion to dismiss.”
“Therefore, the Court will grant the Secretary of Labor leave to file an adversary complaint for determination of dischargeability of debt on or before November 30, 2009.”
“For the foregoing reasons, the Court will grant the U.S. Trustee’s motion to dismiss under Section 707(b)(1) and (3).”
“For the foregoing reasons, UBS’s motion to dismiss is DENIED.”
“For the foregoing reasons, the Court will GRANT the Defendant’s motion to dismiss each of the counts of the Adversary Complaint.”
“Since the motion to dismiss is being granted on all counts in the Adversary Complaint, the motion to strike becomes moot.”
“For the foregoing reasons, the Court will grant the movants’ motion to convert the Debtor’s case to Chapter 7.”
“For the foregoing reasons, the Debtor’s motion to convert to Chapter 7 is granted.”
“For the foregoing reasons, the Court grants Debtor’s motion to dismiss both counts, but grants leave for the Plaintiff to file an amended adversary complaint within thirty days consistent with this opinion.”
“For the foregoing reasons, the Bank’s Motion to Vacate Order and Motion to Enforce Plan and Freeze Assets of the Estate are each DENIED.”
“For the foregoing reasons, the Court hereby GRANTS the Beneficial Motion”
“and DENIES the HSBC Motion.”
A historical record
Judge Barbosa 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.