Joshua P. Searcy
How Judge Searcy rules, drawn from 20 signed orders. Every observation links to the order it came from.
About Judge Searcy
Joshua P. Searcy has served as a United States Bankruptcy Judge for the Eastern District of Texas since March 2021. Before joining the bench, he represented debtors, creditors, and trustees in bankruptcy cases. He earned degrees from Trinity University and Baylor University School of Law.
Judge Searcy's practices and standing orders
Rules for cases before Judge Searcy, as published on the court's website (checked October 11, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Motions
To request conversion of an in-person hearing to a virtual hearing, file the specified motion with a proposed order agreed to and signed by all parties.
“Parties may request that a scheduled In Person Hearing be converted into a Virtual Hearing by filing a ‘Motion to Convert In Person Hearing into Virtual Hearing’ together with a proposed order agreed to and signed by all parties using the appropriate event in CM/ECF.”
Motions
For a Chapter 13 Docket Day conversion, the proposed order must also be agreed to and signed by the Chapter 13 trustee.
“In Person Hearing scheduled during a Chapter 13 Docket Day be converted into a Virtual Hearing by filing a ‘Motion to Convert In Person Hearing into Virtual Hearing’ together with a proposed order agreed to and signed by all parties including the Chapter 13 Trustee”
Conferences
Chapter 13 Docket Days are in person unless the hearing notice or order says otherwise; virtual and telephone appearances are not permitted.
“Chapter 13 Docket Days are conducted In Person unless otherwise specified on the hearing notice or order setting hearing. Virtual or Telephonic Appearances Are Not Permitted on Chapter 13 Docket Days.”
Conferences
Request a virtual appearance at an in-person hearing at least one day before the hearing.
“A request for a Virtual Appearance should be made at least one day before a scheduled hearing”
Conferences
Searcy does not permit virtual appearances at Chapter 13 Docket Days or at in-person hearings in Lufkin.
“Virtual Appearances Are Not Permitted on Chapter 13 Docket Days, nor during In Person Hearings conducted in Lufkin.”
Conferences
A witness giving testimony at an in-person hearing must appear in person unless advance permission is granted.
“Absent permission obtained in advance, a witness giving testimony at an In Person Hearing is not permitted to do so by Virtual Appearance and must appear in person.”
Trial
Searcy prefers parties to attach each designated exhibit separately to the filed exhibit list in lieu of tendering digital media.
“Judge Searcy prefers that parties attach (separately) each of those designated exhibits to the exhibit list that is filed with the Court.”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
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.”
An unconfirmed arbitration award did not have preclusive effect on the dischargeability claims, so the remaining factual disputes barred summary judgment.
“The State Court never entered the arbitration award as a judgment.”
In Brashear’s nondischargeability case, Searcy granted partial summary judgment on the character of the attorney-fee debt but reserved the debtor’s challenge to the amount claimed because the submitted proof did not establish the entire sum.
“summary judgment evidence fails to clearly show that the entirety of the amount asserted in Plaintiff’s proof of claim is in fact recoverable, the Court specifically reserves for Defendant any rights she may have under applicable non-bankruptcy law concerning Plaintiff’s calculation of the amount owed.”
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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