Merlin S. Young
How Judge Young rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Young no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Young decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court followed express statutory remedies even when their policy consequences were controversial, leaving correction of the policy choice to Congress.
“I, however, have difficulty in finding bad faith when a citizen avails himself of a legal remedy provided by law.”
Procedural preferences
General equitable authority did not permit the court to override a specific statutory deadline after a party failed to preserve the automatic stay.
“I cannot utilize the general grant of the powers of a court of equity to authorize the debtor in possession to do something which Congress has expressly considered and limited.”
Cautions
Substantive consolidation required careful protection of separate creditors and could not be used as an informal substitute for an adversary proceeding or involuntary petition.
“consolidation is not only rarely granted but also requires strict attention to the concept of due process.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motion to dismiss is granted and plaintiff’s complaint is dismissed without prejudice to file suit in a proper forum.”
“I conclude that as a matter of law defendants’ indebtedness to plaintiff is a nondischargeable obligation;”
“Plaintiff also seeks and was granted at the time of trial an order vacating the stay of § 362 of the Bankruptcy Code for the limited purpose of allowing the joinder of defendants as parties defendant in a state court action in which plaintiff herein is seeking to recover against defendant’s surety.”
“If the sums claimed are paid to him, the amendments will be deemed to be allowed in each case and trustee’s objections thereto Denied.”
“I therefore Deny plaintiff’s Motion for Summary Judgment.”
“I therefore find that the debts herein which reflect assigned child support obligations are dischargeable under section 523(a)(5)(A) as it existed on the date the debtors’ petitions for relief were filed and the cases commenced.”
The memorandum held that the state period for enforcing perfected construction liens was tolled during the bankruptcy, stating that “the six month period for enforcing a perfected lien under Idaho law is tolled by § 108.” The retrieved text did not reproduce the formal summary-judgment disposition, so no motion outcome is classified here.
“Defendant’s lien is avoided pursuant to 11 U.S.C. § 522(f)(2)”
“I thus conclude that the lien of plaintiff herein is a voidable lien.”
“Trustee’s Motion for Summary Judgment is granted”
“Defendant’s is Denied.”
“I thus find no fees can be awarded to defendant Goldsmith in this matter.”
“Counsel for defendants may submit a formal Order dismissing plaintiffs’ complaint.”
“For the foregoing reasons the plan will be confirmed.”
A historical record
Judge Young 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.