Terry L. Myers
How Judge Myers rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Myers no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Myers decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A criminal plea can narrow a dischargeability dispute when the admitted facts establish intentional, wrongful conduct without just cause or excuse.
“In his guilty plea, Finlay agreed that his conduct was ‘unlawful.’ Conduct that violates the law is necessarily wrongful.”
Procedural preferences
Competing summary-judgment motions will not substitute for trial when resolving them would require credibility findings or favorable inferences for a movant.
“to grant summary judgment to either party would require the Court to make impermissible credibility determinations, to make inappropriate inferences favoring the respective movant, or to disregard information provided by the opponent that creates disputed facts.”
Cautions
A federal default judgment does not establish issue preclusion when the opposing party did not participate and the relevant issues were never actually litigated.
“Kinikini did not participate or actually litigate any issues in the Tennessee Case before the entry of default judgment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Findings, Doc. No. 360, will be denied.”
“Trustee’s objection to Debtors’ claim of exemption will be overruled.”
“SFR has not proven that annulment under § 362(d) is warranted, and the Annulment Motion will be denied.”
“The Court concludes that removal was not adequately justified, and the Remand Motion, Adv. Doc. No. 3, will be granted.”
“the Court concludes the Ex Parte Motion for Entry of a Pre-judgment Writ of Attachment or Temporary Restraining Order/Motion for Preliminary Injunction, Adv. Doc. No. 2, must be denied.”
“Defendant’s motion to dismiss this action will be granted”
“the Consolidation Motion of Debtor will be denied.”
“Defendants’ Motion to set aside default judgment, Adv. Doc. No. 27, will be granted.”
“This Court concludes that the Motion will be denied.”
“liability for Marfice’s death is excepted from discharge under § 523(a)(6) will be granted.”
“Therefore, the Court will enter an Order denying the Motion, Doc. No. 317.”
“Cunningham’s motion for summary judgment will be denied.”
“Defendants’ Motion for a Jury Trial will be denied.”
A historical record
Judge Myers 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.