Marc L. Barreca

How Judge Barreca rules, drawn from 15 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the Western District of Washington
Position
bankruptcy
Status
No longer serving
Commissioned
2010-07-13
Signed orders read
15

How Judge Barreca decides

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

What persuades

The court treated a court-approved bankruptcy sale as legally compelled and protected the resulting homestead proceeds without a one-year reinvestment deadline.

“I therefore conclude that a bankruptcy sale of homestead property is a forced sale within the meaning of RCW 6.13.070(1)”

Agency evidence showing control over a document custodian supported possession of a promissory note without direct physical custody.

“one may be a ‘person in possession’ of a note either physically, or through an agent.”

The court applied the confirmed plan's negotiated default remedy according to its text after the debtor had accepted the plan's benefits.

“The terms could not have been more clear.”

Procedural preferences

A request for affirmative summary-judgment relief made only in a response was rejected for inadequate notice under the local rule.

“This request is procedurally improper as it provides inadequate notice as required by Local Rules W.D. Wash. Bankr. 9013-1(d)(2)(D)”

Even proven rule violations did not automatically produce sanctions where corrective action and proportionality weighed against further relief.

“these violations do not warrant sanctions given the voluntary disgorgement of bankruptcy fees which has already occurred and other factors.”

Cautions

Repeated amendment did not cure a Chapter 13 plan whose structure and timing showed a lack of good faith.

“This Plan’s fundamental flaw is that it was not proposed in good faith.”

Inconsistent sentencing orders, collection referrals, summaries, and proofs of claim prevented a complete summary adjudication of criminal financial obligations.

“There still exists an issue of material fact as to the accuracy of AllianceOne's accounting due to the discrepancies”

Signed rulings

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

Rigby v. Mastro (In re Mastro)
09-01439-MLB · 2011-09-27

This original trial opinion was superseded by a corrected version that changed two typographical errors and was effective nunc pro tunc.

Rigby v. Mastro (In re Mastro)
09-01439-MLB · 2011-11-15
Turnover of estate property (chapter 7 trustee) Granted

“The Trustee is entitled to a judgment ordering Linda to turn over the furniture, furnishings, jewelry, Chihuly chandelier, wine collection, and other personal property itemized in the Murphy Appraisal”

Fraudulent transfer avoidance (chapter 7 trustee) Granted

“The execution of the February Note and Medina Deed of Trust are avoidable by the Trustee as fraudulent transfers”

Request for judgment (Hendrik J. Dorssers) Denied

“Dorssers, therefore, is entitled to no judgment against Linda.”

Request for prejudgment interest (chapter 7 trustee) Granted

“The Trustee is entitled to prejudgment interest at the federal prejudgment interest rate on all liquidated amounts awarded above.”

In re Blendheim
09-10283-MLB · 2011-12-27
Chapter 13 plan confirmation (debtors) Denied

“An Order Denying Confirmation of Debtors’ Ninth Amended Plan will be entered accordingly.”

Boddy v. Gonzalez (In re Gonzalez)
11-01139-MLB · 2012-11-01
Request to determine debt nondischargeable (John and Susan Boddy) Denied

“For the reasons set forth above, the debts owed by Defendants to Plaintiffs are dischargeable.”

Mele v. Mele (In re Mele)
11-24015-MLB · 2013-03-08
Summary judgment (Kimberly Mele) Granted in part

“both the Plaintiffs Motion for Summary Judgment and Defendant’s Motion for Summary Judgment are granted in part and denied in part.”

Summary judgment (John Peter Mele) Granted in part
Butler v. OneWest Bank, FSB (In re Butler)
11-18996-MLB · 2014-07-09
Summary judgment (Freddie Mac, OneWest Bank, and Northwest Trustee Service) Granted

“the Deed of Trust was not materially violated by any Defendant, and summary judgment is granted as set forth herein.”

In re Learned Family LLC
· 2016-08-01
Motion to enforce confirmed plan (Foundation Bank) Granted in part

“As discussed below, the motion is GRANTED IN PART.”

In re Breast Cancer Prevention Fund
13-16150-MLB · 2017-08-28
Motion for partial summary judgment (chapter 7 trustee) Granted in part

“partially granting the Trustee’s Motion Regarding Breach of Fiduciary Duties”

Motion for partial summary judgment (State of Washington) Granted in part

“partially granting the AG’s Motion Regarding Violation of the CSA and CPA.”

Rigby v. Corliss (In re Mastro)
14-01043-MLB · 2017-07-06
Motion to dismiss claim (Kara King) Granted

“I dismiss the fraudulent transfer claim against King”

Summary judgment (Michael J. Corliss) Denied

“deny the balance of both the Trustee’s and Corliss’ motions for summary judgment.”

Summary judgment (chapter 7 trustee) Denied
In re Foster
16-12802 · 2018-04-06
Motion for sanctions (United States Trustee) Denied

“I decline to impose sanctions, further disgorgement, a civil penalty or injunctive relief for the reasons stated above.”

Sanders v. AllianceOne Receivables Management, Inc. (In re Sanders)
15-15243 · 2018-07-06
Summary judgment (Randy Sanders) Denied

“I deny Sanders' motion for summary judgment”

Summary judgment (AllianceOne Receivables Management, Inc.) Granted in part

“grant AllianceOne's motion for summary judgment in part.”

In re Good
· 2018-08-24
Motion to disburse exempt proceeds (John and Janice Good) Granted

“The Debtors' Motion to Disburse is therefore GRANTED.”

Caseload & timing

From public federal docket records for this judge.

All ten sampled matters were terminated. Seven retained no entries; the remaining three contained only administrative labels and unavailable attachments.

A historical record

Judge Barreca 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.