Jerry A. Funk
How Judge Funk rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Funk decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Close operational relationships, unexplained ownership changes, and evidence of asset transfers can justify broad post-judgment discovery into related nonparties.
“While the full facts are not yet clear, there is sufficient evidence”
Procedural preferences
A Rule 19 dismissal request should analyze why the absent party is indispensable; merely identifying another interested entity is insufficient.
“Climate Control’s motion presents no analysis demonstrating that Steadfast/Zurich is an indispensable party.”
Cautions
A proposed settlement may fail when the trustee does not consult a knowledgeable creditor and the package does not meet the estate's best interests.
“The narrow circumstances before the Court do not demonstrate the Proposed Compromise is in the best interests of the estate”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, it is hereby ORDERED that the motion for reconsideration (Doc. 109) is DENIED.”
“Accordingly, it is hereby ORDERED that the U.S. Trustee’s motion to dismiss under § 707(b) of the Bankruptcy Code is GRANTED.”
“Plaintiff’s motion to compel (Doc. 99) is GRANTED.”
“Accordingly, it is hereby ORDERED that Debtor’s motion for protective order (Doc. 45) is GRANTED.”
“Accordingly, the Court hereby ORDERS that Debtor’s Fee Application is DENIED.”
“Accordingly, it is hereby ORDERED that Regions’ Motion to Set New Deadlines (Doc. 387) is DENIED.”
“In light of the above, it is hereby ORDERED that the Trustee’s motion for summary judgment is DENIED.”
“Plaintiff’s motion (Doc. 69) is GRANTED in part and DENIED in part.”
“Accordingly, it is hereby ORDERED that Skanska’s motion (Doc. 72) is DENIED without prejudice to raising these defenses at trial and presenting evidence on the same.”
“Accordingly, it is hereby ORDERED that Climate Control’s motion is DENIED.”
“Accordingly, AHCA’s motion to dismiss is GRANTED as to Counts 2 and 3 but is DENIED as to Count 1.”
“Accordingly, it is hereby ORDERED that Diamond’s motion for reconsideration is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The sampled matters include one adversary proceeding and individual Chapter 7 and Chapter 13 cases.
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