Richard Stair Jr.
How Judge Stair rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Stair no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Stair decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A judicial lien may be avoided when the statutory calculation shows that the lien impairs the debtors' allowed homestead exemption.
“the Debtors may avoid any judicial lien up to $11,354.70, which includes 100% of the Credit Union’s lien”
Procedural preferences
Reopening is disfavored when the requested relief is available without reopening the bankruptcy case.
“courts do not reopen cases if doing so would be futile”
A reaffirmation rescission must clearly communicate cancellation when the agreement requires written notice.
“cancellation, or rescission must be clearly expressed”
Cautions
Retroactive annulment of the automatic stay requires extraordinary circumstances and is applied sparingly.
“the equitable exceptions justifying annulment of the stay ‘must be applied sparingly.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
The court explained that the individual debtor, rather than her sole proprietorship, had commenced the bankruptcy case.
“Under this formula, the Debtors may avoid any judicial lien up to $11,354.70, which includes 100% of the Credit Union’s lien.”
“Accordingly, the Debtors are entitled to claim their $50,000.00 homestead exemption in the Tampico Church Road Property as a whole, inclusive of the Real Property, the Residence, and the Farmhouse.”
“The Motion for Turnover of Funds filed by the Debtors on September 26, 2007, is DENIED.”
“an order will be entered directing the Bankruptcy Petition Preparer J.H. May-ton to pay the Debtor the sum of $2,000.00 and to pay the United States Trustee the sum of $3,000.00.”
“For the reasons set forth herein, an order will be entered denying the Debtor’s Motion for Contempt.”
“State Farm’s Objection to Final Report will be sustained and its Motion for Determination will be granted.”
“Accordingly, the Motion to Dismiss shall be denied.”
“The Trustee’s Motion for Summary Judgment will therefore be denied and Oakwood’s Motion for Summary Judgment wifi be granted.”
“The court accordingly finds insufficient cause for dismissal of the Debtors’ case. The Credit Union’s Motion is denied.”
“the Debt- or’s Motion will be granted and the Debtor will be authorized to pay its attorneys the $4,639.00 in cash collateral on hand.”
“the court directs that the Adversary Complaint filed by the Plaintiffs on February 19, 2013, is DISMISSED. Ah Claims asserted by the Plaintiffs against the Defendant were discharged on March 8, 2013.”
“The Motion to Set Aside Order for Relief and Dismiss Involuntary Bankruptcy Case Pro Hac Vice filed by the Debtor on September 26, 2006, and the Response to Involuntary Petition filed by the Debtor on October 31, 2006, are, to the extent the Debtor seeks dismissal of the Involuntary Petition filed against him on June 22, 2006, for insufficiency of service of process, DENIED.”
“An order for relief is entered against the Debtor, John William O’Quinn, III, under Chapter 7 of title 11 of the United States Code.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated; their retained docket streams were empty.
A historical record
Judge Stair 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.