George W. Emerson Jr.

How Judge Emerson rules, drawn from 15 signed orders. Every observation links to the order it came from.

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

Court
U.S. Bankruptcy Court for the Western District of Tennessee
Position
Bankruptcy judge
Status
Deceased
Served
2006–2020
Commissioned
2006
Education
Memphis State University, bachelor's degree, 1977; Memphis State University Cecil C. Humphreys School of Law, J.D., 1980
Signed orders read
15

About Judge Emerson

George W. Emerson Jr. served as a United States Bankruptcy Judge for the Western District of Tennessee from 2006 until 2020. Before joining the bench, he clerked for a bankruptcy judge, served as clerk of court, practiced law and worked as a Chapter 13 trustee.

How Judge Emerson decides

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

What persuades

In Holley v. First Citizens National Bank, Emerson entered judgment for the bank on the debtor’s challenge to a deed of trust after finding that the debtor offered no evidence that the bank had misrepresented the transaction.

“Debtor here has failed to provide any evidence that Defendant made any misrepresentations.”

Procedural preferences

In In re Frederick Taliaferro Hodges, he applied judicial estoppel to prevent the debtor from recharacterizing student loans after earlier sworn filings had treated them as consumer debts.

“Judicial estoppel is applied at the discretion of the Court, and the Court finds that this case exhibits the type of deliberate vacillation that should not be allowed when a Debtor files statements with the Court under penalty of perjury.”

Signed rulings

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

In re Hart's Manufacturing Company, Inc.
05-32722 · 2008-03-24
Motion to set aside auction sale (Hart's Manufacturing Company, Inc.) Granted

“motion to set aside the auction is hereby granted.”

Request for confirmation of auction sale (Eagle Investment Corp.) Denied

“the Court declines to confirm the auction sale to Eagle Investment Corp.”

In re Hurricane Memphis, LLC and Beale Street Properties, LLC
08-24510 / 08-24506 · 2009-06-10
Request for confirmation of chapter 11 plan (310 Beale Street Properties, LLC) Denied

“The Court hereby DENIES confirmation of the Debtor’s Amended Plan of Reorganization”

Motion to assume sublease agreement (310 Beale Street Properties, LLC) Denied

“The Court hereby DENIES the Debtor’s motion to assume the Sublease Agreement”

Motion to sell property (Hurricane Memphis, LLC) Moot / procedural

“the Court finds that the Motion for Sale of Property under Section 303(b) [Docket No. 82] and Motion to Dismiss [Docket No. 83] are rendered MOOT.”

Motions to dismiss (Unspecified movant) Moot / procedural
Johnson v. SunTrust Mortgage
09-30584 / 09-00504 · 2010-01-04
Motions to dismiss (SunTrust Mortgage) Granted

“The Court grants the Defendant’s Motion to Dismiss with respect to Plaintiff’s claims”

Motion for relief from automatic stay (Rose Investment Corporation) Granted

“the Court finds that the motion for relief from the automatic stay should be granted.”

In re Cayd Hanibal II, Inc.
09-26523 · 2010-01-08
Motion for relief from automatic stay (Wells Fargo Bank, N.A.) Granted

“Wells Fargo’s motion for relief from the automatic stay should be and is hereby granted pursuant to 11 U.S.C. § 362(d)(2).”

Naughton v. Comerica Bank
06-24521 / 08-00261 · 2010-03-10
Summary judgment (Comerica Bank) Granted

“the motion of Comerica Bank for summary judgment is GRANTED.”

Regions Bank v. VML Company, LLC
09-24507 / 09-00299 · 2010-04-12
Summary judgment (Regions Bank) Granted

“the Motion for Summary Judgment filed by Regions Bank is hereby GRANTED.”

Cross motion for summary judgment (The Unsecured Creditors Committee) Denied

“The Cross Motion for Summary Judgment filed by the Unsecured Creditors Committee is DENIED.”

In re Village Green I, GP
10-24178 · 2010-07-29
Motion for relief from automatic stay (Federal National Mortgage Association) Denied

“Fannie Mae’s Motion for Relief from the Automatic Stay (Docket No. 47) is hereby DENIED.”

Objection to conditional use of cash collateral (Federal National Mortgage Association) Denied

“Fannie Mae’s Objection to the Debtor’s Motion for Conditional Use of Cash Collateral (Docket No. 45) is hereby OVERRULED.”

Motion for adequate protection and cash collateral (Village Green I, GP) Granted

“Debtor’s Motion for an Order Granting Adequate Protection Pursuant to 11 U.S.C. §§ 366 and 361 and Scheduling a Final Hearing Pursuant to Rule 4001 is GRANTED.”

In re Michael W. Smith
12-20847 · 2012-03-29
Motion to alter amend or for relief from judgment (Michael W. Smith) Denied

“the Debtor’s Motion to Alter/Amend and/or for Relief from Judgment is hereby DENIED.”

In re Michael W. Smith
12-20847 · 2012-03-30
Petition for writ of habeas corpus ad testificandum (Michael W. Smith) Denied

“Debtor’s Petition for Writ of Habeas Corpus Ad Testificandum is hereby DENIED.”

Williams v. Flying J, Inc.
08-11838 / 13-05148 · 2015-08-21
Motions to dismiss (Transportation Alliance Bank, Transportation Alliance Leasing, and Stephen Parker) Granted

“GRANTED. The Flying J Defendants’ alternative motion for summary judgment is now MOOT.”

Motions to dismiss (Flying J, FJ Management, Flying J Insurance Services, and The Buckner Company) Granted
Motions to dismiss (Jagjit Singh) Granted
Motions to dismiss (Gresham & Associates entities) Granted
Alternative motion for summary judgment (The Flying J defendants) Moot / procedural

“The Flying J Defendants’ alternative motion for summary judgment is now MOOT.”

In re Saint Michael Motor Express
08-11838 / 13-05148 · 2016-03-09
Motion to reopen bankruptcy case (Saint Michael Motor Express) Denied

“Debtor/Corporation’s motion to reopen Chapter 7 Case No. 08-11838 is hereby DENIED.”

Motion to reopen adversary proceeding (Saint Michael Motor Express) Denied

“Debtor/Corporation’s motion to reopen Adversary Proceeding No. 13-05148 is also DENIED.”

VML Company, LLC v. Meguiar's, Inc.
09-24507 / 09-00400 · 2017-03-10
Summary judgment (VML Company, LLC) Denied

“This matter is before the Court on the motion for summary judgment filed by the Debtor. Defendant did not file a competing motion for summary judgment and yet the Court has found that Debtor cannot prevail on its turnover claim as a matter of law, ... Accordingly, the Court grants summary judgment for the Defendant as to Counts I and II of the Debtor’s complaint and will enter a separate judgment accordingly.”

Caseload & timing

From public federal docket records for this judge.

All five matters were terminated, but the archive returned no docket entries for any sampled stream.

A historical record

Judge Emerson no longer hears cases. 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.