Joshua P. Searcy
How Judge Searcy rules, drawn from 18 signed orders. Every observation links to the order it came from.
How Judge Searcy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When a settlement contains no denial of liability and the underlying action alleged only securities violations or related fraud, the nature of the resolved claims can establish the statutory connection.
“No claims alleged in the state court case are attributable to any theories other than violations of securities law, or fraud in connection with the sale or purchase of securities.”
Issue preclusion requires specific findings on the same dischargeability issue; conclusory recitals in a settlement judgment were insufficient.
“Conclusory statements, without specific factual findings, are not enough to establish that an identical nondischargeability issue was actually litigated.”
Procedural preferences
Even when summary judgment is denied, supported facts that are not genuinely disputed may be fixed for trial rather than relitigated.
“Numerous factual issues, however, have been established through summary judgment evidence tendered to the Court.”
Cautions
An unconfirmed private regulatory order does not itself satisfy the judicial-or-administrative-order requirement for securities-law nondischargeability.
“Consequently, the FINRA order standing alone cannot support a summary judgment finding of nondischargeability under § 523(a)(19).”
A missed dischargeability deadline could not be repaired by amendment when the filing defect was incurable.
“In this adversary, an amendment would be futile because it would not and could not cure the late filing of the Plaintiff’s Complaint.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court concludes that the ‘Plaintiff’s Motion For Summary Judgment Pursuant to F.R.C.P 56’ filed by Plaintiff, is hereby DENIED.”
“Thus, the Plaintiffs’ ‘Motion for Partial Summary Judgement’ will be GRANTED to that extent. All other relief requested in the Motion is denied.”
“the Court concludes that the Motion filed on May 27, 2025 by Plaintiff, East Texas Machining & Manufacturing, LLC, is GRANTED.”
“the indebtedness of $37.022.70 rendered nondischargeable.”
“the indebtedness of $70,840.24 rendered nondischargeable.”
“the indebtedness of $54,773.18 rendered nondischargeable.”
“the indebtedness of $15,372.00 rendered nondischargeable.”
“the indebtedness of $91,000.00 rendered nondischargeable.”
“Because the Court concludes that the alleged indebtedness owed to Plaintiff, Larry Cornett, did not arise from Defendants’ fraud or defalcation while acting in a fiduciary capacity, judgment must be rendered for Defendants under the fiduciary capacity component of 11 U.S.C. § 523(a)(4) as to Plaintiff, Larry Cornett.”
“IT IS THEREFORE ORDERED that the ‘Motion to Proceed in Forma Pauperis on Appeal’ filed by Debtor, Charisse Marie Ylitalo on February 10, 2026 is DENIED.”
“IT IS FURTHER ORDERED that, to the extent necessary, the ‘Application to Proceed in District Court without Prepaying Fees or Costs’ filed by Debtor, Charisse Marie Ylitalo on February 10, 2026 is DENIED.”
“the Court concludes that the ‘Plaintiff’s Motion for Partial Summary Judgment’ filed by Plaintiff, PlantSnap, Inc., is hereby DENIED.”
“Therefore, Summary Judgment is DENIED.”
“For the reasons explained in this memorandum, Plaintiffs’ Motion is DENIED.”
“the Court concludes that the ‘Motion for Summary Judgment and Brief in Support’ filed by Plaintiff, Century Recovery LLC, is denied.”
“IT IS THEREFORE ORDERED that the ‘Amended Motion to Dismiss for Late Filing’ filed by Debtor, Joseph Anthony Dowdall, on May 7, 2025, is hereby GRANTED”
“IT IS THEREFORE ORDERED that the Motion is GRANTED.”
“Because the Court concludes that Plaintiff, Mustaali Carbaidwala, has failed to prove by a preponderance of the evidence that the judgment debt owed him by Defendant, Patrick Charles Gerleman, arose from a willful and malicious injury inflicted upon him by Defendant, judgment must be rendered for the Defendant under 11 U.S.C. § 523(a)(6).”
Caseload & timing
From public federal docket records for this judge.
All five matters were terminated. One adversary supplied a signed partial-summary-judgment opinion with complete text.
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