Albert E. Radcliffe

How Judge Radcliffe rules, drawn from 22 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the District of Oregon
Position
bankruptcy
Status
Deceased
Education
University of Oregon, B.A. in history (1969); University of Oregon School of Law, J.D. (1972)
Signed orders read
22

How Judge Radcliffe decides

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

What persuades

The court applied a liberal reading of exemptions without extending statutory text beyond property that fit the category claimed.

“a liberal construction cannot transform a pile of parts into an automobile.”

Priority treatment for family obligations depended on whether the claim actually served a present support function.

“Section 507(a)(7) was enacted to provide additional protection for creditors and their dependents, in need of support.”

Procedural preferences

When a secured creditor objected to stepped plan payments, equal monthly payments had to begin at confirmation and continue until the claim was paid.

“equal monthly payments must commence with confirmation and last until the secured claim is paid.”

Cautions

A drafting omission coupled with failure to follow local procedure did not permit debtors to reduce the distribution promised to unsecured creditors.

“Debtors seek to take advantage of their own drafting error, (compounded by a failure to follow the local rules), to the detriment of unsecured creditors. This, they cannot do.”

Signed rulings

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

In re McMillin
· 2010-09-03
Objection to exemption (Chapter 7 trustee) Granted

“The Trustee’s objection will be sustained.”

In re Gangestad
· 2006-12-19
Objection to claim (Chapter 7 trustee) Denied

“Trustee’s objection is overruled.”

In re Wynn
· 2007-05-17
Motion for turnover (Chapter 7 trustee) Denied

“the trustee’s motion will be denied.”

In re Carlin
· 2006-08-18
Objection to plan confirmation (Chapter 13 trustee and United States trustee) Granted

“Based on the above, confirmation of the debtor’s plan will be denied”

In re Sanchez
· 2008-03-19
Objection to plan confirmation (World Famous Auto) Granted

“Confirmation must be denied.”

In re Brickey
· 1990-09-28
Motion to proceed in forma pauperis (Debtor) Denied

“The debtor’s motion to proceed in forma pauperis should be denied”

Cottage Grove Hospital v. Glickman (In re Cottage Grove Hospital)
· 1999-05-06
Summary judgment (Rural Utility Service) Denied

“the motion of the RUS for summary judgment should be denied”

Summary judgment (Cottage Grove Hospital) Granted

“the cross motion of the Debtor for summary judgment should be granted.”

In re Goude
· 1996-09-23
Motions to dismiss (Chapter 13 trustee) Granted

“the trustee’s Motion to Dismiss must be granted.”

Motion for discharge (Debtors) Denied

“the debtors have not completed all of the payments under their confirmed plan such as would entitle them to receive a discharge pursuant to § 1328(a).”

In re Lutzke
· 1998-06-19
Objection to claim (Debtor) Granted

“The debtor’s objection should be sustained.”

Hesselgrave v. Pennsylvania Higher Education Assistance Agency (In re Hesselgrave)
· 1995-01-13

The parties submitted the student-loan dischargeability dispute for trial on stipulated facts, and the debt was held nondischargeable.

Bright v. Ritacco (In re Ritacco)
· 1997-06-18
Summary judgment (Defendant) Granted

“the defendant’s motion for summary judgment should be granted”

In re Moore
· 1996-09-03

The court required the tax refund to be allocated first to the priority tax claim so the confirmed plan could remain feasible, but the opinion did not state an express outcome on the stay-relief motion.

Caseload & timing

From public federal docket records for this judge.

The median reflects case-level filing and termination dates only; the sampled matters contained no archived motion entries.

A historical record

Judge Radcliffe 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.