Clive W. Bare
How Judge Bare rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Bare no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bare decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court distinguished ordinary-course payments through the parties' actual historical practice rather than invoice terms alone.
“Considering the prior course of dealing between the parties, the amount, timing and circumstances surrounding the payment of January 14, 1985, this court is unable to find any fact or circumstance indicating that the $15,000.00 payment was in any way unordinary or unusual.”
Procedural preferences
Partial summary judgment was denied when a prerequisite preference element remained unestablished.
“Because the elements of § 547(b) have not been established, plaintiffs request for summary judgment on issues related to § 547(c) defenses is premature, and hence denied.”
Cautions
Dischargeability remained a federal question even where state law supplied evidence of misconduct.
“Dischargeability is a matter to be determined by federal law. Violation of a state statute is only persuasive where the state and federal standards are the same”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff’s motion for summary judgment that all elements of a preferential transfer have been established is GRANTED.”
“Defendants motion on the issue of ‘lack of notice’ is DENIED.”
“Since the debtor did not accept Curtis’ offer prior to revocation, no contract exists between them which the debtor may accept pursuant to § 365.”
“The modified plan will be confirmed.”
“The debtor’s actions with respect to the funds cannot be deemed ‘malicious’ within the meaning of 11 U.S. C.A. § 523(a)(6) (1979).”
“The court will therefore dismiss the trustee’s prayer for relief under § 544(b).”
“Accordingly, judgment will be entered in favor of defendants.”
“Plaintiff is not entitled to summary judgment on the § 547(b)(5) element of a preference.”
“Plaintiffs request for summary judgment as to the inapplicability of the defense set forth in § 547(c)(1), (2) and (4), is premature — plaintiff has not established all the elements of § 547(b) — and hence denied.”
“Further plaintiff’s request for a determination that, for the purposes of § 547(c)(2), the debt represented by a defendant’s investment certificate was incurred on the date of purchase and his request for a ruling on prejudgment interest are likewise premature and denied.”
“Plaintiffs request for summary judgment on the issue of insolvency, 11 U.S.C.A. § 547(b)(3) (West 1979), has previously been denied.”
“Bruner’s Motion for Summary Judgment will be denied”
“Bates’ and Taylor’s Motion for Summary Judgment likewise will be denied.”
“Because the registration of their judgment is a voidable preference, the trustee is entitled to the $13,815.16 remaining from the proceeds of the Blow Drive property.”
“The trustee’s objection to the FTB secured claim is SUSTAINED.”
“plaintiffs recovery here of the accelerated balance of future rental payments will be appropriately discounted to reflect the present value of those payments.”
“defendant has established the elements of the § 547(c)(2) exception.”
“To the extent that the debtor’s obligation under the agreement exceeds this limited intended function, it is dischargeable in bankruptcy.”
A historical record
Judge Bare 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.