Richard D. Taylor
How Judge Taylor rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Taylor decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A completed postpetition foreclosure sale was void where the debtors retained a statutory cure right and the property remained in the estate.
“the sale of the debtors’ home is void ab initio.”
A rural homestead remained exempt where city amenities were nearby but the property's character and surrounding uses were rural.
“Nothing more than the intrusion of the city a mile to his west suggests that this property or its contiguous areas are anything other than rural.”
Procedural preferences
Exact compliance with a company's designated service method weighed strongly against setting aside a later default caused by its internal failures.
“The Trustee served PIRS exactly as it requested.”
A valid class-action waiver remained enforceable even though the underlying individual bankruptcy claims stayed in court.
“this court must respect the parties’ valid and voluntary agreement to waive class actions”
Cautions
Systematic inaccuracies in simple schedules supported denial of discharge where they deprived creditors and the trustee of reliable disclosure.
“the debtor intentionally failed to accurately complete his schedules”
A stay pending appeal required legal injury and standing, not mere dissatisfaction with a trustee's sale.
“Riffenburg complains of unhappiness rather than legal grievance or standing.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Defendants’ Summary Judgment Motion is denied.”
“The request for arbitration contained in the Motion is denied.”
“For the reasons stated above, the debtors’ Amended Motion is granted.”
“the damages, costs, and attorney’s fees are nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), for false pretenses and false representations.”
“the relief sought in the Motion for Summary Judgment is denied.”
“The Motion to Dismiss is also denied.”
“the relief requested by the Trustee in his Complaint is denied.”
“The Objection is sustained.”
“The request for fees is denied.”
“the objections filed by the Trustee and Arvest are sustained.”
“pursuant to section 362(d), the automatic stay is terminated”
“the Motion to Convert is denied.”
“the relief requested in the Complaint is granted, and the debtor is denied his Chapter 7 discharge.”
“the relief requested in the Motion is granted.”
“The relief sought by the Jewells in the Complaint is denied.”
“The relief sought by Chandler Insurance is granted and a judgment of nondischargeability will be entered in the amount of $48,510 plus costs, interest, and attorney’s fees as awarded in the Judgment.”
Caseload & timing
From public federal docket records for this judge.
All ten sampled matters were terminated. Their durations ranged from 67 to 1,798 days, with a median of 462.5 days. The sample is descriptive and is not a complete caseload census.
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