Barry S. Schermer
How Judge Schermer rules, drawn from 23 signed orders. Every observation links to the order it came from.
Judge Schermer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Schermer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The BAP applied judicial estoppel when debtors repeatedly acknowledged a secured lien to obtain bankruptcy relief and later challenged the same lien when their interests changed.
“We will not permit the Debtors to acknowledge SunTrust’s lien when it was in their interest, and then change their position to contest SunTrust’s position when that would provide them with an advantage in their adversary proceeding.”
Repeated filings and inconsistent disclosures supported the unusually serious remedy of dismissal with a one-year refiling bar.
“Here, the Debtor is a serial filer whose actions abuse and insult the integrity of the bankruptcy process.”
Procedural preferences
An imminent foreclosure did not justify waiving prepetition counseling where state law had provided enough notice to complete it.
“The fact that he has not obtained the mandatory counseling within that time period does not constitute exigent circumstances warranting the waiver of the mandatory counseling requirement.”
A Chapter 7 debtor needed a realistic prospect of surplus to establish the pecuniary stake required to challenge estate administration.
“Importantly, the Debtor has not demonstrated a credible basis upon which I could find a reasonable possibility for a surplus in this case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Order Denying Request for Waiver of Pre-Petition Credit Counseling”
The joint opinion, signed by Judges Schermer and Surratt-States, supplied statutory guidance on the interest rate for 910-day vehicle claims but did not contain the separate orders resolving the four plan objections.
The court announced that the United States Trustee's dismissal motion would be granted only if the debtors did not convert by a future deadline; the conditional ruling is retained outside outcome statistics.
“summary judgment shall enter in favor of Defendant Blue Cross”
“Omega’s motion for disbursement of the Unclaimed Funds is AFFIRMED.”
“Accordingly, the Motion is DENIED.”
“Accordingly, confirmation of the Debtors’ Second Amended Plan is DENIED.”
After an appellate remand, the court conducted a trial and entered judgment for the defendant on all preference counts; the trial judgment is retained outside motion statistics.
The court found after trial that the United States Trustee had established grounds to revoke the debtor's discharge; the trial judgment is retained outside motion statistics.
“Amended Plan is hereby SUSTAINED to the extent that it pertains to the Debtor’s”
“the Creditor’s Motion to Expedite Hearing shall be GRANTED”
“Alternative, to Dismiss shall be DENIED, both by a separate order.”
Following trial, the court held $46,800 nondischargeable for fraud; the trial judgment is retained outside motion statistics.
A historical record
Judge Schermer 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.