Emory Speer
Judge Speer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Speer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treated federal bankruptcy jurisdiction as capable of reaching alleged fraud even when a state foreclosure had already occurred, distinguishing jurisdiction from mere judicial courtesy.
“comity is courtesy.”
Applied equitable loss-allocation against the party whose long acquiescence enabled another to appear as owner and obtain credit.
“Where one of two innocent parties must suffer by the wrongful act of a third, he who gave the power to do the wrong must bear the burden of thf consequences.”
Procedural preferences
Preferred resolving claims against funds already within the court's control instead of sending parties into duplicative common-law litigation.
“we should proceed in the speediest way to have the rights of the parties adjusted.”
Used live testimony or judge-taken depositions where distance, age, or infirmity made ordinary attendance impractical and observing demeanor remained valuable.
“to enable the judge, wherever it .is convenient ’and feasible, to see and hear the witnesses in person and to observe their manner and demeanor while testifying.”
Cautions
A debtor's exemption claim could fail when financial disclosures were materially inaccurate and the disappearance of assets was not satisfactorily explained.
“The finding of the referee on the act of bad faith of one claiming exemption will not be disturbed, unless clearly erroneous.”
Would not issue an injunction against parallel state proceedings without a concrete showing that resident defendants were sham parties or fraudulently joined.
“this court should not be called upon to do the always exciting and friction creating act of issuing an injunction against a proceeding in a court of concurrent jurisdiction.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I feel obliged to direct that the cause be remanded.”
“the finding of the referee denying the exemption should be affirmed; and it will be so ordered.”
“his conclusions and judgment are affirmed, and -his opinion is adopted as the opinion, conclusions, and judgment of the court.”
“directs that order of affirmance be entered.”
“For these reasons, the order sought will be granted.”
“The order of the referee granting it is therefore reversed.”
“the report of the master is approved, and this application is denied.”
“For these reasons I hold that the court has jurisdiction, and that the plea should be overruled.”
“there is no reason why the court should refuse him his right to become an American citizen. Order may be taken accordingly.”
“the court not only approves the referee’s order allowing to himself the sum he fixed, but on the entire record adjudges that he is entitled to it as a matter of statutory right.”
“a reasonable allowance of salvage would be 5 per cent, of the value of the ship and cargo saved, with costs, and that a decree for this amount should be entered.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate electronic case-level dockets. The profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
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.