Robert C. McGuire

How Judge McGuire rules, drawn from 8 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the Northern District of Texas
Position
bankruptcy
Status
No longer serving
Signed orders read
8

How Judge McGuire decides

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

What persuades

A schedule amendment remains available when the evidence does not establish the debtor's bad faith or meaningful prejudice to the objecting creditor.

“There was insufficient credible proof of the debtor’s bad faith or prejudice to SRPI or its counsel by the amended exemptions.”

Procedural preferences

When Chapter 7 relief would be a substantial abuse but reorganization remains viable, the court allowed a short opportunity to convert before dismissal.

“This case will be dismissed if Debtor does not convert to Chapter 13 within ten days of entry of an order on this opinion.”

Cautions

Future intent to occupy property does not establish a Texas homestead without sufficiently concrete preparation within a reasonable time.

“Such intention alone is insufficient for a finding of homestead.”

Signed rulings

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

Official Employment-Related Issues Committee of Enron Corp. v. Arnold
01-16034 / 03-3522 / 03-3721 · 2005-12-09
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Fang Tzu Chang) Granted

“filed no answer, and thereby admitted November 29, 2001 preference and fraudulent transfer claims”

Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Paul Garcia) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Anamarie Hernandez) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Matthew Lenhart) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Kori Loibl) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Peter Makkai) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Robert Richey) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Shawana Simon) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Stephen Stock) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Karen Williams) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Sally Beck) Granted

“the foregoing preference and fraudulent transfer claims were proved up against them by the evidence offered at trial.”

Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Michelle S. Bruce) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Tandra A. Coleman) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Whitney S. Fox) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Mark H. Frank) Granted
Complaint to avoid and recover preference and fraudulent transfer (Official Employment-Related Issues Committee of Enron Corporation against Jozef S. Lieskovsky) Granted
In re Charles D. Schmidt, Jr.
05-84993 · 2006-01-06
Motion to compel abandonment of property (Carolyn Schmidt) Granted

“The trustee is ordered to abandon such proceeds and turn same over to Carolyn.”

In re James Randell Hughes
05-82316 · 2006-02-15
Motion to disallow amended schedules and exemptions (Sobranes Recovery Pool I, LLC) Denied

“The motion to disallow the amended schedules and exemptions is overruled.”

In re Julie Newman
05-35957 · 2006-03-13
Motion to dismiss chapter 7 case for substantial abuse (The United States trustee) Granted

“This case will be dismissed if Debtor does not convert to Chapter 13 within ten days of entry of an order on this opinion.”

In re Willie Louis Mason and Lenora Ann Mason
05-86977 · 2006-04-04
Chapter 13 plan confirmation (Willie Louis Mason and Lenora Ann Mason) Denied

“Confirmation is therefore denied.”

Potter Aviation, Inc. v. Chehab
04-33084 / 05-03415 · 2006-04-12
Complaint to determine nondischargeability under section 523 a 2 a (Potter Aviation, Inc. and David J. Potter) Denied

“There was insufficient proof of Debtor’s commission of a § 523(a)(2)(A) offense or Plaintiffs’ entitlement to actual or exemplary damages.”

Request for actual damages (Potter Aviation, Inc. and David J. Potter) Denied
Request for exemplary damages (Potter Aviation, Inc. and David J. Potter) Denied
In re Jennie Stewart Fuller
05-81427 · 2006-04-14
Trustee objection to claimed homestead exemption (Diane G. Reed, Chapter 7 trustee) Granted

“the trustee’s objection to Debtor’s claimed homestead exemption is sustained.”

In re Shirley F. Marshall
04-36624 · 2006-12-20
Objection to second amended proof of claim (Shirley F. Marshall) Granted in part

“Debtor is allowed an offset claim of $1,300 on Peak’s second amended proof of claim, but otherwise debtor’s objection to such claim is overruled.”

Caseload & timing

From public federal docket records for this judge.

All five sampled matters were terminated, but the archive returned no docket entries for any sampled stream.

A historical record

Judge McGuire 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.