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 sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Myers
Terry L. Myers served as a United States Bankruptcy Judge for the District of Idaho from 1998 through July 2020, including fourteen years as chief judge. Before joining the bench he clerked for an Idaho Supreme Court justice and a bankruptcy judge, then practiced law in Boise.
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
In Hillen v. Clarich Farms and four related preference actions, Myers denied the trustee’s and defendants’ competing summary-judgment motions because their submissions left material facts disputed, including the nature of the grain transactions.
“Here, while Defendants and Trustee filed Statements alleging undisputed facts supporting their motions, the responses to those Statements manifest significant material dispute.”
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 sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.