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 sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
U.S. Bankruptcy Court for the Eastern District of Missouri
Position
Bankruptcy judge
Status
Retired
Education
Washington University School of Law, J.D., 1972
Signed orders read
23

About Judge Schermer

Barry S. Schermer became a United States Bankruptcy Judge for the Eastern District of Missouri in 1986. He served on the Eighth Circuit Bankruptcy Appellate Panel and taught at Washington University School of Law.

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.

In re Dixon
05-61883 · 2005-11-16
Request for waiver of prepetition credit counseling (Keith L. Dixon) Denied

“The Certificate filed by Mr. Dixon does not describe exigent circumstances which merit a waiver of the credit counseling requirement. ... Due to Mr. Dixon's failure to comply with Section 109(h), he is ineligible to be a debtor before this Court. Accordingly, this case shall be dismissed by separate order of dismissal.”

In re Fleming, Fayne, Kemp, and Hill
05-61894; 05-62008; 05-62053; 05-62267 · 2006-03-15

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.

In re Skaggs
06-40457 · 2006-08-16

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.

Falcon Creditor Trust v. RightCHOICE Managed Care, Inc. (In re Falcon Products, Inc.)
07-4016 · 2007-07-20
Summary judgment (RightCHOICE Managed Care, Inc. d/b/a Blue Cross Blue Shield) Granted

“summary judgment shall enter in favor of Defendant Blue Cross”

Omega Consulting v. Edwards (In re Future Trust, Inc.)
07-6071 · 2008-05-08
Appeal (Omega Consulting) Denied

“Omega’s motion for disbursement of the Unclaimed Funds is AFFIRMED.”

In re Baldwin
06-40675 · 2008-05-22
Motion for relief from judgment (Alvin Leroy Baldwin) Denied

“Accordingly, the Motion is DENIED.”

In re Mierkowski
08-44196 · 2008-09-29
Plan confirmation (Dennis L. and Rebecca J. Mierkowski) Denied

“Accordingly, confirmation of the Debtors’ Second Amended Plan is DENIED.”

Falcon Creditor Trust v. First Insurance Funding Corp. (In re Falcon Products, Inc.)
07-4032 · 2009-01-30

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.

Gargula v. Phillips (In re Phillips)
09-04115 · 2009-11-19

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.

In re Hood
09-46536 · 2009-11-30
Objection to confirmation (Chapter 13 trustee John V. LaBarge Jr.) Granted

“Amended Plan is hereby SUSTAINED to the extent that it pertains to the Debtor’s”

In re Holmes
10-41140 · 2010-03-03
Motion to expedite hearing (Flagstar Bank, F.S.B.) Granted

“the Creditor’s Motion to Expedite Hearing shall be GRANTED”

Motion for relief from stay or to dismiss (Flagstar Bank, F.S.B.) Denied

“Alternative, to Dismiss shall be DENIED, both by a separate order.”

Old Republic National Title Insurance Co. v. Baxter (In re Baxter)
09-04225 · 2010-08-31

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 sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.