Glen E. Clark
How Judge Clark rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Clark no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Clark decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For equitable tolling, the court evaluated the complete disclosure record and whether it actually put creditors on inquiry notice.
“when viewing the information as a whole, it is too thin, too attenuated, and is contaminated with repeated doses of misrepresentations and misleading information to put a creditor on inquiry notice.”
Procedural preferences
Adequate-protection requests were expected to be specific and supported by evidence rather than presented as unsupported payment demands.
“Creditor’s request must be specific and supported by good evidence.”
Cautions
Even a serious violation could not support punitive damages against a federal agency without a waiver of sovereign immunity.
“the Court is prohibited from awarding punitive damages regardless of how egregious the IRS’s violation of Dis-tad’s discharge injunction may have been.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“not discharged in his Chapter 7 bankruptcy-”
“The IRS’s efforts to collect the Discharged Debt after March 4, 2002 violated Distad’s discharge injunction”
“the Court is prohibited from awarding punitive damages regardless of how egregious the IRS’s violation of Dis-tad’s discharge injunction may have been.”
“Distad should be awarded monetary damages for any losses that were proximately caused by the violation of Distad’s discharge injunction.”
“Markus’s motion for summary judgment is GRANTED”
“ORDER GRANTING TRUSTEE’S CROSS MOTION FOR SUMMARY JUDGMENT, and DENYING MOTION FOR SUMMARY JUDGMENT OF ALBERT FRIED, JR. et al.”
“Therefore, Philadelphia Life’s motion for leave to file a late claim is denied.”
“IT IS THEREFORE ORDERED, that the order to show cause against IRS and ORS is hereby dismissed.”
“Plaintiffs are therefore entitled to judgment as a matter of law on the nondis-chargeability of defendant’s debt. The portion of the state court’s conclusions of law that assess punitive damages in the sum of $10,000.00 against defendant will not be allowed as part of the nondischargeable debt.”
“a former trustee does not have standing to assert a claim under § 506(c)”
“the court finds that the ORS acted in contempt of its order.”
“ORS should be ordered to compensate debtor for costs and attorneys fees incurred by debtor in his attempt to convince ORS to return what should not have been withheld.”
“An order shall be entered denying the Trustee’s motion for an order approving the rejection of executory contracts.”
“orders that the continuance of the automatic stay and the debtors’ continued use of the car be conditioned upon the payment by the debtors to CCC, on or before November 2, 1983, of $240.00 with the additional payment of $120.00 per month thereafter until the effective date of debtors’ plan.”
“was a proper administrative expense incurred in the consummation of the debt- or’s plan of reorganization and shall be allowed under Section 330(a).”
“Therefore, the debt owing to the Bank is dischargea-ble.”
“IT IS ORDERED that the proof of claim of the Salt Lake County Treasurer filed in this case on May 17, 1982 is allowed as a priority claim in the amount of $48.00 and as a general unsecured claim in the amount of $12.81.”
A historical record
Judge Clark 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.