Paul G. Hyman Jr.

How Judge Hyman rules, drawn from 15 signed orders. Every observation links to the order it came from.

Court
U.S. Bankruptcy Court for the Southern District of Florida
Position
bankruptcy
Status
Recalled to service
Appointed by
U.S. Court of Appeals for the Eleventh Circuit
Education
Vanderbilt University, B.A. in Economics, 1974; University of Miami School of Law, J.D., 1977
Signed orders read
15

How Judge Hyman decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Summary judgment is inappropriate when reasonable minds could draw different inferences from the undisputed facts.

“if reasonable minds might differ on the inferences arising from undisputed facts, then the court should deny summary judgment.”

Procedural preferences

A pleadings-stage motion tests whether the complaint alleges enough facts to state a plausible claim.

“sufficient facts to state a claim that is plausible.”

Cautions

Intervention cannot ordinarily rescue a discharge claim after the applicable filing deadline has expired.

“Movant’s Motion to Intervene is denied as untimely and unwarranted, Movant’s request for substitution is denied as premature, and Movant cannot be added as a party.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Goodstein Realty Boca Raton, LLC v. Gelinas
05-36668-PGH; 06-01356-PGH · 2007-04-18
Motion for partial summary judgment on nondischargeability count (Goodstein Realty Boca Raton, LLC) Denied

“ORDERS AND ADJUDGES that Plaintiff’s Motion is DENIED.”

Stein and Neufeld v. McDowell
07-11728-PGH; 07-01564-PGH · 2008-01-28
Motion for judgment on pleadings on nondischargeability count (Warren C. McDowell) Granted

“The Motion is GRANTED.”

Dzikowski v. Schein, et al.
98-31931-PGH; 07-01017-PGH · 2008-03-13
Motion for summary judgment challenging judgment lien (Patricia Dzikowski) Denied

“The Plaintiff’s Motion for Summary Judgment is DENIED to the extent that it seeks a determination that the Judgment Lien is invalid, unenforceable, or avoidable.”

Motion for summary judgment enforcing judgment lien (I.R. Toranto, as Trustee of the Rhoda Rubin Toranto Irrevocable Trust) Granted

“The Toranto Trust’s Motion for Summary Judgment is GRANTED.”

Menotte v. NLC Holding Corp., et al.
08-10632-PGH; 08-01327-PGH · 2008-10-01
Joint motion for judgment on the pleadings (NLC Holding Corp., FNLC Financial Services, Inc., Blue Boy Limited Partnership, and NSH Ventures II, L.P.) Denied

“Defendants’ Motion is DENIED.”

Bakst v. Corzo
07-14655-PGH; 08-01431-PGH · 2008-10-30
Motion for partial summary judgment on estate property count (Michael R. Bakst) Granted

“Summary judgment in favor of the Plaintiff is granted as to Count I of the Complaint.”

Motion for partial summary judgment to quiet title (Michael R. Bakst) Granted

“Summary judgment in favor of the Plaintiff is granted as to Count II of the Complaint seeking an order quieting title to the subject real Property.”

Motion for partial summary judgment for declaratory or injunctive relief (Michael R. Bakst) Denied

“The relief sought in Count III is denied insofar as the Trustee seeks a declaration”

Menotte v. NLC Holding Corp., et al.
08-10632-PGH; 08-01327-PGH · 2009-02-12
Motion for summary judgment against recharacterization claims (Blue Boy Limited Partnership and NSH Ventures II, L.P.) Denied

“Defendants’ Motion is DENIED.”

Motion for summary judgment on recharacterization claims (Deborah C. Menotte) Denied

“Trustee’s Motion is DENIED.”

In re Warren C. McDowell
07-11728-PGH · 2009-02-25
Request for relief from stay to pursue state appeal (Judith Stein, David S.J. Neufeld, and Warren C. McDowell) Granted

“The Plaintiffs and Defendant are granted relief from the automatic stay to appeal the New York Court’s Decision.”

Klaas v. Donovan
08-12026-PGH; 08-01350-PGH · 2009-03-03
Motion to intervene in discharge adversary proceeding (Soneet R. Kapila) Denied

“Movant’s Motion to Intervene is DENIED as untimely and unwarranted.”

Request for substitution as plaintiff (Soneet R. Kapila) Denied

“Movant’s request for substitution is DENIED as premature.”

In re Michael Koch
08-29122-PGH · 2009-06-22
Motion to dismiss chapter 7 case for presumption of abuse (United States Trustee) Granted

“The UST’s Motion is GRANTED.”

Menotte v. Willis
07-11010-PGH; 08-01383-PGH · 2009-08-06
Request for permanent injunction (Deborah C. Menotte) Granted

“The Trustee’s request for a permanent injunction is GRANTED.”

Request for turnover of nonexempt retirement funds (Deborah C. Menotte) Granted

“Mr. Willis is required to turnover to the Trustee”

Request for accounting of nonexempt retirement funds (Deborah C. Menotte) Granted

“Mr. Willis must provide the Trustee within ten days of the date of this order a detailed, sworn accounting”

In re Boca Village Association, Inc.
09-29573-PGH · 2009-12-28
Motion to dismiss chapter 7 case for bad faith (Roofing Services, Inc. and Rainbow Colors, Inc.) Granted

“ORDERS AND ADJUDGES that the Creditors’ Motion is GRANTED. The above-referenced case is DISMISSED with prejudice for a period of one year.”

Menotte v. Champalanne and The Champalanne Family Trust
08-25855-PGH; 09-01983-PGH · 2010-02-05
Judgment on the pleadings (Maria Luz Champalanne and The Champalanne Family Trust Dated July 1, 2003) Granted in part

“The Defendants’ Motion is GRANTED in part.”

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