Derek J. Baker
How Judge Baker rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Baker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An unrejected personal-property lease continued to impose the performance obligations stated in the statute, even where the debtor no longer wanted or used the property.
“The statute imposes an unequivocal performance obligation on the Debtor.”
Cautions
A request for an indemnification judgment needs proof that the indemnitor clearly and unconditionally repudiated its obligations; equivocal correspondence and an open invitation to continue discussions did not suffice.
“SeeCubic’s objection to entry of the judgment is sustained, without prejudice to the Trustee seeking similar relief in the future based on new facts and circumstances.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“As a result of the foregoing, the Court hereby DENIES the Motion as it relates to the Municipal Court Action and VACATES the Status Quo Order.”
“For the foregoing reasons, the Court concludes that MBFS is entitled to an administrative expense claim for $18,022.05”
“We Care violated Rule 9011 when it filed and unreasonably litigated its Discharge Objection, and appropriate sanctions will be imposed.”
“the Court finds that the Debtor failed to substantiate any damages resulting from any stay violation and therefore no relief will be granted pursuant to § 362(k) of the Bankruptcy Code.”
“VSI’s objection is overruled and the Settlement Agreement is approved.”
“relief will be denied in this respect without prejudice to the Trustee filing a new action, here or elsewhere, to pursue such a judgment.”
“SeeCubic’s objection to entry of the judgment is sustained, without prejudice to the Trustee seeking similar relief in the future based on new facts and circumstances.”
Caseload & timing
From public federal docket records for this judge.
Three sampled matters were terminated within 52 to 113 days; eleven remained pending in the public metadata.
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Baker, and what has not, cited to the signed orders.
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