Denise E. Barnett
How Judge Barnett rules, drawn from 22 signed orders. Every observation links to the order it came from.
How Judge Barnett decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires statutory authority before extending a Chapter 7 discharge to an obligation arising after the petition, even when an earlier order had allowed the debt to be added.
“After extensive legal research on the underlying issue, the Court finds no legal authority that would allow Debtor to add her post-petition debt in this chapter 7 case and have that debt discharged in this chapter 7 case.”
When evaluating voluntary dismissal or conversion, weighs whether liquidation would produce a meaningful distribution rather than relying on asset value alone.
“Ms. Jackson’s general unsecured creditors would likely receive nothing upon liquidation of Ms. Jackson’s home.”
Applies issue preclusion in dischargeability litigation only to issues actually resolved by the prior judgment and matching the federal statutory elements.
“The doctrine of collateral estoppel applies to bankruptcy proceedings and may be used to establish the nondischargeability of a debt.”
Procedural preferences
Favors resolving disputes on the merits when considering whether to set aside an entry of default.
“The Sixth Circuit favors judgments on the merits.”
Cautions
A summary-judgment movant must connect the undisputed record to each element of the asserted preclusion doctrine.
“Defendants failed to show how any of the undisputed facts support the requirements of judicial estoppel.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants’ Motion for Summary Judgment is DENIED.”
“The Motion to Set Aside Order on Motion to Add Post-Petition Debt is GRANTED.”
“Debtor’s Motion for Reconsideration is DENIED.”
“Creditor’s Motion for Relief from the Automatic Stay is DENIED, without prejudice.”
“Plaintiff’s Motion for Summary Judgment (Adv. Proc. ECF No. 36) is GRANTED.”
“Mr. McKean’s Objection to Claim No. 11-1 of Whitney Nicole McKean is SUSTAINED, IN PART.”
“Creditor’s Motion to Annul the Automatic Stay Nunc Pro Tunc to the Petition Date is DENIED, without prejudice to Debtor taking appropriate action to bring the underlying issues before the court (unless the parties have resolved the issues).”
“The Motion to Terminate Automatic Stay and for Abandonment is DENIED.”
“The City of Memphis’s Motion for Order Determining Automatic Stay to be Inapplicable Pursuant to 11 U.S.C. § 362(b)(4) and, in the Alternative, for Relief from the Automatic Stay is DENIED.”
“Clark and Company Investment LLC’s Motion to Terminate Automatic Stay for the Purpose of Transferring Real Estate Property to Satisfy the Receiver’s Lien Under the Tennessee Neighborhood Preservation Act and for Abandonment is DENIED.”
“Ms. Stinson’s Motion to Intervene is DENIED.”
“The Bank’s Objection to Confirmation, Motion for Relief from Stay, and Amended Objection to Confirmation are DENIED.”
“The Plaintiff’s Motion for Default Judgment is DENIED.”
“Ms. Craigen’s Motion to Set Aside the Default is GRANTED.”
“Towne Mortgage’s Motion for Reconsideration of Order Granting Debtor’s Motion Under Rule 3002.1 is GRANTED, IN PART.”
Caseload & timing
From public federal docket records for this judge.
The original five matters were terminated without a reviewed text order resolving a contested motion. The pending Scales matter supplied one dated disposition.
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