Ronald S. Barliant
How Judge Barliant rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Barliant no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Barliant decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A landlord's claim under an unexpired lease depended on when the obligation accrued, not merely when the bill became payable.
“The Court finds that the obligation arose when it accrued, not when the bill came due.”
Procedural preferences
A petition delivered to the clerk by debtors ready to pay was filed before the later timestamp and stopped the foreclosure sale.
“the petition was filed when it was placed in the custody of the clerk and the Debtors were ready and able to pay the filing fee.”
Cautions
Inability to pay, standing alone, did not prove fraudulent intent in a credit-card nondischargeability claim.
“a finding of fraudulent intent can never be based solely on inability to pay.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the debtor may reject Product Order # 5 without rejecting the Option Agreement or any other product order entered into pursuant to that Option Agreement. Its motion to do so will be granted.”
“the motion to reject Product Order MN-2 will be denied without prejudice to its renewal if the debtor elects to reject the entire agreement.”
“The motion to reconsider will be denied.”
“the trustee’s motion to sell the ‘right to renew’ the season tickets is denied.”
“the Landlord’s motion to compel compliance with § 365(d)(3) is denied.”
“it grants the Debtor’s motion and enters a final decree closing this bankruptcy case.”
“James C. Mills’ lacks standing to challenge the entry of a Final Decree in this bankruptcy case.”
“the Court grants the UST’s motion. Dismissal of the Debtor’s bankruptcy will be vacated pursuant to Fed. R. Bankr.P. 9024 and a trustee will be appointed.”
“the defendant’s motion to dismiss is denied.”
“this Court has denied Success’ motion for partial summary judgment.”
“the motion to dismiss will be denied”
“with respect to the Oregon property, the request is denied.”
“Equity Office’s request for the allowance of an administrative expense is granted in the full amount of rent for August, 2001, without proration.”
“Its request for payment of pass through expenses prorated as of August 11th is also granted.”
“In all other respects, the request is denied.”
“The Debtor’s Motion to Compel Turnover of Files is granted.”
“This Court agrees and will, therefore, grant the defendants’ motion to dismiss Count I of the complaint.”
A historical record
Judge Barliant 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.