Richard L. Speer

How Judge Speer rules, drawn from 30 signed orders. Every observation links to the order it came from.

Judge Speer no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Northern District of Ohio
Position
bankruptcy
Status
Deceased
Served
1975–2013
Commissioned
1975-01-01
Education
Ohio Northern University, bachelor's degree; Ohio Northern University College of Law, J.D.
Signed orders read
30

How Judge Speer decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Specific state-court findings that established intentional injury supported preclusion and summary judgment on nondischargeability.

“the findings made in state court against the Defendants, being based upon the law governing workers’ compensation in the state of Ohio, equate with a ‘willful’ and ‘malicious’ injury for purposes of § 523(a)(6).”

Procedural preferences

Turnover or avoidance relief against a nondebtor had to proceed through an adversary case rather than a motion.

“if an action is brought by a trustee against a nondebtor party for turnover, it must be maintained through an adversary proceeding, not by way of a motion.”

Cautions

A prior judgment using only boilerplate language did not establish the specific findings needed for issue preclusion.

“The state-court judgment, however, lacking any specific findings of fact and using only boilerplate language, leaves this Court with nothing from which to assess the basis for the state court’s decision.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Frost & Co., Inc. v. Smithey
10-3100 · 2012-02-16

The court remanded the state-law action without deciding the pending summary-judgment motion.

In re James Fall Flowers and Produce, Ltd.
12-30400 · 2012-03-02
Motion for relief from stay and abandonment (Farmers and Merchants State Bank) Granted

“ORDERED that, effective on February 29, 2012, at 1:19 P.M., the Motion of the Farmers and Merchants State Bank for Relief From Stay and Abandonment, be, and is hereby, GRANTED”

In re Timothy and Pamela O'Connor
08-36756 · 2012-03-07
Motion for contempt (Debtors) Granted

“ORDERED that the Motion of the Debtors, Timothy and Pamela O’Connor, to find the City of Toledo, Department of Public Utilities, in Contempt, be, and is hereby, GRANTED.”

Objection to amended proof of claim (Debtors) Granted

“IT IS FURTHER ORDERED that the Debtors’ objection to amended claim number 20, in the amount of $654.05, as filed by the City of Toledo, Department of Public Utilities, is hereby Sustained and that such claim is hereby Disallowed.”

In re David and Phoebe Johnson
08-33648 · 2012-03-22

The court dismissed one debtor on its own authority after she denied the court's jurisdiction.

Graham v. Huntington National Bank
11-3192 · 2012-03-30
Trustee motion for summary judgment (Chapter 7 Trustee) Granted

“ORDERED that the Motion for Summary Judgment filed by the Plaintiff/Trustee, John Graham, be, and is hereby, GRANTED.”

Parker v. Brown
11-3223 · 2012-05-04
Trustee motion for summary judgment (Chapter 7 Trustee) Granted

“ORDERED that the Motion for Summary Judgment filed by the Plaintiff/Trustee, Ericka Parker, be, and is hereby, GRANTED.”

United Ohio Insurance Co. v. Dilts
11-3065 · 2012-05-04

After trial, the insurer did not establish the intent required to except its claim from discharge.

In re Nevin and Caryl Liber
08-37046 · 2012-05-18
Objection to distribution of sale proceeds (Central States Pension Fund) Granted in part

“ORDERED that the Trustee, Ericka Parker, is directed to turnover to Central States Pension Fund those funds she received from the sale of the real property owned and titled in the name of Nev-Mark Development, Ltd. Pursuant to 11 U.S.C. § 105(a), the costs the Trustee incurred directly related to the sale of said property are not subject to this order of turnover, and may be retained by the Trustee.”

Hussein v. Shugarman
12-3008 · 2012-06-12
Plaintiffs motion for summary judgment (Plaintiffs) Granted

“ORDERED that the Motion of the Plaintiffs, Fadhil A. Hussein and Raya Ahmed, for Summary Judgment, be, and is hereby, GRANTED.”

Ankney v. McMillen
12-3009 · 2012-06-12
Plaintiff motion for summary judgment (Plaintiff) Granted

“ORDERED that the Plaintiff’s Motion for Summary Judgment, be, and is hereby, GRANTED.”

In re Thomas and Jennifer Stough
11-35232 · 2012-06-29
Motion for leave to file late adversary complaint (The Toledo Hospital, Inc.) Denied

“ORDERED that the Motion of The Toledo Hospital, Inc. for Leave to File an Adversary Complaint, be, and is hereby, DENIED”

Frost & Co., Inc. v. Smithey
10-3129 · 2012-07-06

After trial, the court entered judgment for the plaintiffs on nondischargeability and declined punitive damages.

Caseload & timing

From public federal docket records for this judge.

The median reflects case-level filing and termination dates only; the sampled matters contained no archived motion entries.

A historical record

Judge Speer 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.