Frederick P. Corbit
How Judge Corbit rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Corbit decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Payment and confirmation delays supported stay relief when the secured claim exceeded even the debtors' proposed property value, leaving no equity cushion.
“The Marquardts’ delay in making payments and confirming a plan, together with the absence of any equity cushion to adequately protect the interest of Crescent Heights, is cause to grant the motion for relief from the stay.”
Permission to sue a bankruptcy trustee elsewhere requires a threshold showing that the proposed claim has a factual and legal foundation.
“The Barton doctrine requires, at a minimum, that a party seeking to sue a trustee in another forum make a prima facie case that its claim is not without foundation.”
Procedural preferences
Reconsideration is reserved for exceptional circumstances and may not simply repeat arguments that could have been raised earlier.
“reconsideration is an ‘extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources.’”
Cautions
A stated future intent to occupy property as a homestead needs concrete steps toward obtaining possession and moving in.
“Mr. McKee has not presented any facts demonstrating that he has taken any action to obtain possession of the Grace Street Property.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Marquardts’ Objection to Proof of Claim No. 3-1 (ECF No. 50) is DENIED;”
“Crescent Heights’ Motion for Relief from Stay (ECF No. 30) is GRANTED;”
“the Motion to Continue Administration of Case (ECF No. 71) is GRANTED.”
“the Pontons Motion for Leave (ECF No. 2298) is denied.”
“The United States Trustee’s Rule 7015(b)(2) Motion to amend the pleadings to conform to the evidence (Adversary Case No. 17-80021, ECF No. 171) is GRANTED;”
“The Ravasias’ Chapter 7 discharge of debts is DENIED.”
“Ms. Mullen’s claim against Mr. Olson is not excepted from Mr. Olson’s discharge.”
“IT IS ORDERED that the deed of trust recorded under Spokane County Auditor number 5443346 on October 4, 2006, is terminated”
“it is ordered that Taylor Bean’s $74,590.95 claim is denied.”
“the debtors’ chapter 13 plan is feasible and will be confirmed.”
“it is ORDERED that the debtors’ Motion (ECF No. 24) is DENIED.”
“the court will enter and an order denying the Reconsideration Motion.”
“this court will enter an order denying the Complaining Shareholders’ motion for relief from the automatic stay.”
“the secured claim of Azzano Farms, Inc. should be limited to the GAE Amount of $77,148.57;”
“the PACA claim of David Ramos should be allowed in the amount of $106,495.87;”
“the secured claim of Five Star Orchard should be allowed in the amount of $15,211.71;”
“the PACA claim of Santos Alvarez should be limited to the GAE Amount of $4,172.68;”
“should be limited to the GAE Amount of $12,839.26;”
“the PACA claim of Austin Orchard should be allowed in the amount of $1,651.27;”
“the PACA claim of Elias Sandoval should be allowed in the amount of $23,423.12.”
“the PACA claim of Parm Dhaliwal should be limited to the GAE Amount of $2,515.41.”
“The court concludes that the Bankruptcy Court Judgment should not be set aside; however, the Bankruptcy Court Judgment requires clarification”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters ended. The Marquardt matter supplied two express outcomes before its later dismissal.
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