Margaret H. Murphy
How Judge Murphy rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Murphy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Murphy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Formal corporate titles do not substitute for evidence that the person actually exercised the financial authority the statute requires.
“A court cannot determine a person is responsible under the statute solely from a title, but must also consider whether the person performed the duties of an officer and exercised authority within the company.”
Recorded security instruments are expected to carry the required witness signatures before they are submitted for recordation.
“it costs nothing for lenders or their agents to review their paperwork to make sure the proper signatures are in place before submitting documents to the superior court for recording.”
Procedural preferences
An objection to discharge cannot be dismissed in exchange for money without undermining the public purpose of discharge litigation.
“settlements which involve the dismissal of an objection to discharge in return for the payment of money must be disapproved.”
Counsel must disclose the material circumstances surrounding a representative or proxy filing at the outset.
“It is left to each attorney to fully disclose the circumstances relevant to a filing.”
Cautions
Reconsideration is not a second opportunity to repeat arguments or enlarge the record for appeal.
“Bankruptcy Rule 9023 motions for new trial or to alter or amend an order should not be used to relitigate issues already decided, to pad the record for an appeal or to substitute for an appeal.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that Plaintiffs motion for default judgment is granted:”
A new bankruptcy filing did not stay the pending nondischargeability proceeding in the same bankruptcy court.
“ORDERED that the Motion is granted;”
“ORDERED that the Application is granted.”
“ORDER DENYING MOTION FOR RECONSIDERATION”
“Debtor’s tax liabilities for the tax years 1999, 2001 and 2002 are nondischargeable.”
“ORDERED that Trustee’s motion for approval of settlement and compromise is denied.”
“For the reasons set forth below, Plaintiffs motion is granted”
“Defendant’s motion is denied.”
“ORDERED that Corner Lot, Inc.’s Motion to Dismiss is denied.”
“ORDERED that Defendants’ motion to dismiss Plaintiffs Complaint is denied as to the allegations of violation of § 1692c(a)(2) and granted as to the allegations of violation of §§ 1692g(b) and 1692g.”
“ORDERED that Trustee’s objection to Meadors’ § 507(a)(1)(A) priority claim is overruled: the Meadows claim is allowed as a domestic support obligation.”
A historical record
Judge Murphy 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.