Lorraine Murphy Weil
How Judge Weil rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Weil no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Weil decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Issue preclusion supported summary judgment when the earlier record showed that willful and malicious conduct was actually litigated and necessary to the judgment.
“The S/J Motion is granted as to Count One and Count Five of the Complaint”
Procedural preferences
Disputes turning on intent and state of mind were treated as poor candidates for summary judgment.
“Courts generally find summary judgment to be ill-suited for resolving cases involving allegations of intent....”
Cautions
Poor planning and judgment did not by themselves establish the intentional wrongdoing required for a fraud-based exception to discharge.
“However, the foregoing represents poor judgment on the Debtors' part, not ‘moral turpitude.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the court concludes that (a) the Judgment Debt was not discharged in this chapter 7 case pursuant to Section 523(a)(2)(A) to the extent that such debt relates to the Subsequent Embezzlements, and (b) the remainder of the Judgment Debt was discharged in this chapter 7 case.”
“that request to amend is granted but only as to ‘embezzlement’ within the purview of 11 U.S.C. § 523(a)(4).”
“The S/J Motion is granted as to Count One and Count Five of the Complaint”
“judgment shall enter (a) for the Debtor on the Amended Complaint, determining that discharge shall enter in this chapter 7 case, and (b) for Mr. Malicki on the Counterclaim, ordering that the Debtor shall take nothing on the Counterclaim.”
“the Plaintiffs cannot prevail on their Section 523(a)(2)(A) claim of nondischargeability.”
“the Plaintiffs cannot prevail on their Section 523(a)(4) claim of nondischargeability.”
“the Motion is denied as unnecessary”
“The Proposed Deduction is proper. Accordingly, the Motion is denied and the Objection is sustained”
“a separate order shall enter granting the R/S Motion (Doc. I.D. No. 15);”
“the Exemption Objection (Doc. I.D. No. 32) is sustained;”
“the Section 522(f) Motion (Doc. I.D. No. 85) is denied in its entirety;”
“the NWP Lien shall be avoided to the extent of $33,328.42 and is unaffected to the extent of $118,138.77.”
“For the reasons set forth above, the Motion is denied in all respects.”
“the Debtor’s Motion To Dismiss is granted as to Count Four but only with respect to transfers of the Debtor’s own assets. The remainder of the Motion is denied.”
“the court has concluded that the Reaffirmation Agreement should be stricken from the record because it was filed after the Discharge entered.”
“the Debtor Motion is denied”
“the ASTI Motion is denied”
“the First Motion To Strike is denied as moot”
“the Second Motion To Strike is denied as moot”
“the Extension Motion is denied as moot”
A historical record
Judge Weil 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.