Randolph Baxter

How Judge Baxter rules, drawn from 11 signed orders. Every observation links to the order it came from.

Judge Baxter no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Northern District of Ohio
Position
bankruptcy
Status
Retired 2011
Served
1985–2011
Commissioned
1985-01-01
Education
Tuskegee University, honors degree in Political Science; University of Akron School of Law, J.D.
Signed orders read
11

How Judge Baxter decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

The fee ruling approved compensation but confined payment to the funds available under the cash-collateral order.

“Huntington National Bank is ordered to pay Brown Gibbons to the extent of funds available in the allotted Cash Collateral Order.”

Procedural preferences

Summary judgment was withheld where intent and disputed facts required trial.

“the Debtor’s Motions for Summary Judgment are hereby denied.”

Cautions

The court separated moot stay relief from an untimely and procedurally improper dischargeability request.

“To the extent that Trus-tar seeks a determination of dischargeability, the Motion is denied as untimely and improper under Rules 4004, 7001 and 11 U.S.C. § 523.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Ulrich
· 2011-08-12
Motion for relief from automatic stay (Trustar Funding, LLC) Moot / procedural

“Trustar’s Motion, to the extent that it seeks relief from stay is hereby denied as moot.”

Request for state court dischargeability determination (Trustar Funding, LLC) Denied

“To the extent that Trus-tar seeks a determination of dischargeability, the Motion is denied as untimely and improper under Rules 4004, 7001 and 11 U.S.C. § 523.”

In re Peterlin
· 2011-06-02
Motion to dismiss chapter 7 case for abuse (United States Trustee) Granted

“the UST’s motion to dismiss pursuant to 11 U.S.C. § 707(b)(1) and (b)(3) is well premised and hereby granted.”

Objection to motion to dismiss (Debtor) Denied

“The Debtor’s Objection thereto is hereby overruled.”

In re Christopherson
· 2011-02-28
Objection to plan mortgage modification (Bank of America) Denied

“The Objections to Plan filed by creditors Bank of America and CitiMortgage are hereby overruled as to mortgage modification only.”

Objection to plan mortgage modification (CitiMortgage) Denied
Objection to plan mortgage modification (Countrywide) Granted

“Countrywide’s Objection to Plan as to mortgage modification is hereby sustained.”

Request for chapter 11 plan confirmation (Debtor) Denied

“Debtor’s Plan, as submitted, is infeasible and is hereby denied confirmation.”

In re Flemming
· 2011-01-21
Fee application (Debtors counsel) Granted in part

“The Application is hereby approved in part and denied in part.”

In re Srikantia
· 2009-10-29
Motion to dismiss chapter 7 case for abuse (United States Trustee) Granted

“the Trustee’s motion to dismiss pursuant to 11 U.S.C. §§ 707(b)(3) is granted, and the Debtor’s case is hereby dismissed.”

Objection to motion to dismiss (Debtor) Denied

“The Debtor’s objection is hereby overruled.”

In re Computer Systems
· 2011-03-15
Application for compensation and expense reimbursement (Brown Gibbons Lang & Company) Granted

“Brown Gibbons Lang & Company’s Application for Allowance of Compensation and Reimbursement of Expenses Pursuant to §§ 330 and 503(b)(2) is approved for compensation and expense reimbursement.”

Request for payment from cash collateral (Brown Gibbons Lang & Company) Granted

“Huntington National Bank is ordered to pay Brown Gibbons to the extent of funds available in the allotted Cash Collateral Order.”

Limited objection to compensation application (Huntington National Bank) Granted

“Huntington National Bank’s Limited Objection is hereby sustained.”

In re J & M Salupo Development Co., Inc.
· 2008-06-11
Motion for relief from automatic stay (Fifth Third Mortgage Company) Granted

“Fifth Third’s Motion for Relief from Stay is well-premised and is hereby granted.”

Objection to motion for relief from stay (Paul and Nancy Hamerly) Denied

“The Hamerlys’ objection is overruled.”

Showe Management Corp. v. Kerr (In re Kerr)
· 2008-03-07
Adversary claim for nondischargeability (Showe Management Corporation) Granted

“Judgment is hereby rendered in favor of the Plaintiff, Showe Management, with the state court judgment amount of $13,990.55 being adjudged nondischargeable.”

Request for costs (Showe Management Corporation) Granted

“Costs are awarded to the Plaintiff.”

In re Henkel
· 2009-07-24
Motion to review attorney fees cancel agreement and return fees (United States Trustee) Granted in part

“the motion of the UST is hereby granted, in part, and is hereby denied, in part, as determined herein.”

Objection to fee review motion (Debtor) Granted in part

“The Debtor’s objection is sustained, in part, and is overruled, in part.”

Buckeye Retirement Co., L.L.C. v. Howells (In re Howells)
· 2007-05-07
Objection to discharge for transfer or concealment (Buckeye Retirement Co.) Denied

“the Court denies Buckeye’s claim under § 727(a)(2).”

Objection to discharge for inadequate records (Buckeye Retirement Co.) Denied

“the Court denies Buckeye’s claim under § 727(a)(3).”

Objection to discharge for unexplained loss of assets (Buckeye Retirement Co.) Denied

“the Court denies Buckeye’s claim under § 727(a)(5).”

Adversary claim for nondischargeability (Buckeye Retirement Co.) Denied

“any relief sought pursuant to § 523 is hereby denied.”

Ohio Carpenters' Pension Fund v. Aerni (In re Aerni)
· 2009-03-16
Motions for summary judgment (Debtor) Denied

“the Debtor’s Motions for Summary Judgment are hereby denied.”

Objections to summary judgment motions (Plaintiffs) Granted

“The Plaintiffs’ objections to the Debtor’s Motions are hereby sustained.”

Caseload & timing

From public federal docket records for this judge.

No motion-timing estimate is reported because the sampled matters contained no archived docket entries.

A historical record

Judge Baxter 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.