Jerry A. Funk

How Judge Funk rules, drawn from 21 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Middle District of Florida
Position
bankruptcy
Education
University of Georgia; Cumberland School of Law
Signed orders read
21

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.

Luria v. Thunderflower, LLC
3:11-ap-00693-JAF · 2019-11-13
Motion for reconsideration (Alan Briggs and Blake's on the Park, LLC) Denied

“Accordingly, it is hereby ORDERED that the motion for reconsideration (Doc. 109) is DENIED.”

In re Missick
3:19-bk-00889-JAF · 2019-10-24
Motion to dismiss bankruptcy case (United States Trustee) Granted

“Accordingly, it is hereby ORDERED that the U.S. Trustee’s motion to dismiss under § 707(b) of the Bankruptcy Code is GRANTED.”

Luria v. Thunderflower, LLC
3:11-ap-00693-JAF · 2019-07-18
Motion to compel post judgment discovery (Neil F. Luria, Chapter 11 trustee) Granted

“Plaintiff’s motion to compel (Doc. 99) is GRANTED.”

In re The Charles F. Hamblen Post 37 American Legion Department of Florida, Inc.
3:19-bk-01563-JAF · 2019-06-26
Motion for protective order (debtor) Granted

“Accordingly, it is hereby ORDERED that Debtor’s motion for protective order (Doc. 45) is GRANTED.”

In re Collins
3:18-bk-00630-JAF · 2019-06-13
Fee application (debtor) Denied

“Accordingly, the Court hereby ORDERS that Debtor’s Fee Application is DENIED.”

In re Martin
3:13-bk-06040-JAF · 2019-06-05
Motion to set new confirmation deadlines (Regions Bank) Denied

“Accordingly, it is hereby ORDERED that Regions’ Motion to Set New Deadlines (Doc. 387) is DENIED.”

Yip v. Smith
3:14-ap-00134-JAF · 2019-02-01
Summary judgment (Maria Yip, Chapter 7 trustee) Denied

“In light of the above, it is hereby ORDERED that the Trustee’s motion for summary judgment is DENIED.”

Luria v. Thunderflower, LLC
3:11-ap-00693-JAF · 2018-09-28
Summary judgment (Neil F. Luria, Chapter 11 trustee) Granted in part

“Plaintiff’s motion (Doc. 69) is GRANTED in part and DENIED in part.”

Skanska USA Building, Inc. v. Climate Control Mechanical Services, Inc.
3:16-ap-00100-JAF · 2018-09-14
Summary judgment (Skanska USA Building, Inc.) Denied

“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.”

Skanska USA Building, Inc. v. Climate Control Mechanical Services, Inc.
3:16-ap-00100-JAF · 2018-09-04
Motions to dismiss (Climate Control Mechanical Services, Inc.) Denied

“Accordingly, it is hereby ORDERED that Climate Control’s motion is DENIED.”

Institute of Cardiovascular Excellence, PLLC v. Florida Agency for Health Care Administration
3:17-ap-00200-JAF · 2018-02-09
Motions to dismiss (Florida Agency for Health Care Administration) Granted in part

“Accordingly, AHCA’s motion to dismiss is GRANTED as to Counts 2 and 3 but is DENIED as to Count 1.”

In re Schwan
3:17-bk-00912-JAF · 2017-12-13
Motion for reconsideration (Diamond) Denied

“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.

Draft for Judge Funk with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Funk, and what has not, cited to the signed orders.

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