Frank P. Barker Jr.
How Judge Barker rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Barker no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Barker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A fraud-based dischargeability claim required evidence that left no meaningful room for an inference of honest intent.
“Fraud cannot be presumed. It must be proven and if there is left room for the inference of honest intent, the proof of fraud is wanting.”
Procedural preferences
Secured parties were expected to comply with the governing filing and signature requirements; actual knowledge did not cure a defective financing statement.
“Therefore, there is no basis for a requirement that the debtor-in-possession be without knowledge of the security interest in order to perform the duties commanded it by § 1107 and the other sections of the Bankruptcy Code.”
Cautions
Professional-compensation requests were reviewed for duplication, appropriate staffing, the interests served, and the reasonableness of the total award rather than accepted at the applicant's requested multiplier.
“I conclude that a reasonable fee is $400,000.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that the Trustee’s Complaint to Avoid Preferential Transfer is DENIED.”
“ORDERED, that the Trustee release the above assets of the bankruptcy estate to the extent of the allowable and claimed exemptions under 11 U.S.C. § 522.”
“The debt is discharged.”
“FURTHER ORDERED that the objections to confirmation are denied.”
“ORDERED that Avila College provide the debtor a certified copy of her academic record upon receipt of the customary fee.”
“the money advanced in the Work-Study Leave Program is dischargea-ble.”
“Because plaintiff has not furnished sufficient evidence, it has failed to meet its burden to prove false misrepresentation and pretense.”
“Plaintiff will be allowed compensatory damages of $400.00;”
“costs of $56.00;”
“and attorney’s fees of $450.00.”
“the debts are discharged under 11 U.S.C. § 523(a)(8)(B).”
“Gene A. DeLeve is allowed total attorney fees of $400,000”
“Gene A. De-Leve be reimbursed for expenses actually incurred in sum of $4,524.12.”
“ORDERED, ADJUDGED AND DECREED that the Debtor’s discharge in bankruptcy be, and it is hereby DENIED.”
“The non-possessory, non-purchase money lien of Dial Finance Company on the household goods of the debtors is avoided under 11 U.S.C. § 522(f).”
“ORDERED that defendant’s lien is avoided and set aside to the extent it secures the debt for the purchase of goods other than the vehicle.”
Caseload & timing
From public federal docket records for this judge.
No case-duration estimate is reported because exact-name searches returned no public docket records from this tenure.
A historical record
Judge Barker 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.