Kimberly A. Bacher
How Judge Bacher rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Bacher decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Contemporaneous documents carried more weight than uncorroborated testimony about how loan proceeds were spent.
“given zero corroborating documentary evidence – no receipts, no invoices, no bills, no statements – this Court finds the Defendants’ testimony not credible.”
An operating company that was generally paying its obligations did not satisfy the statutory basis for involuntary bankruptcy relief.
“the Court concludes that the Alleged Debtor is generally paying its debts as they become due, and for that reason, will dismiss the Involuntary Petition.”
Procedural preferences
A two-party collection dispute with available state-law remedies was better handled in state court than through a forced Chapter 11 case.
“In the Court’s view, the State Court is a more appropriate forum to deal with issues concerning payment of the Judgment and the Fee Award, in the absence of other creditor issues.”
Cautions
Repeated filings combined with false sworn disclosures supported two-year in rem stay relief.
“The Court does not find that these are simple mistakes.”
A substantial damages request failed where the plaintiffs did not first prove a violation of either bankruptcy stay.
“Because this Court concludes that a violation of the automatic stay or codebtor stay did not occur, the Plaintiffs are not entitled to damages.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based upon the uncontroverted allegations in the Motion and on the Court’s own review of its docket, the request for in rem relief with respect to the Property under 11 U.S.C. § 362(d)(4)(B) is GRANTED.”
“For the reasons set forth above, the Court will dismiss the Involuntary Petition as Phoenix is generally paying its debts as they become due.”
“The Court will not award fees, costs, or damages.”
“Cadence Bank is further entitled to a determination that its judgment against the Defendants is nondischargeable under 11 U.S.C. § 523(a)(2)(A);”
“Because the preponderance of evidence presented in this case proves that the Defendants did not violate the 11 U.S.C. § 362(a)(1) automatic stay or the 11 U.S.C. § 1301(a) codebtor stay, the Court orders that:”
Caseload & timing
From public federal docket records for this judge.
Six of the ten sampled matters were recorded as terminated. The sample's closed matters had a median recorded duration of 113.5 days. Entry attachments were unavailable, and generic labels were not treated as substantive rulings.
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