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Judge Hull

DVI Receivables XIV LLC v. Rosenberg (In re Rosenberg)

Ruling: 
Bankruptcy court did not err in awarding debtor attorneys' fees for successful appellate defense of dismissal of involuntary case.
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Consumer case opionion summary, case decided on February 27,2015, LexisNexis #0315-106

Brown v. Gore (In re Brown)

Ruling: 
Confirmation denied where debtor sought relief under chapter 13 solely to pay off attorneys' fees in installments.
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Consumer case opionion summary, case decided on February 14,2014, LexisNexis #0614-131

Martinez v. Hutton (In re Harwell)

Appellant Chapter 7 trustee filed a fraudulent transfer complaint against appellant attorney under 11 U.S.C.S. §§ 548(a)(1)(A) and 550(a)(1). A bankruptcy court granted summary judgment for the attorney, and the United States District Court for the Middle District of Florida affirmed. The trustee appealed.
Ruling: 
Summary judgment in favor of attorney transferee reversed absent findings regarding control of funds or bad faith.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0111-105

Trusted Net Media Holdings LLC v. Morrison Agency Inc.

Appellant debtor sought review of a judgment of the district court for the Northern District of Georgia affirming a bankruptcy court order denying on waiver grounds the debtor's motion to dismiss an involuntary bankruptcy proceeding against the debtor brought by appellee creditor pursuant to 11 U.S.C.S. § 303(b). The court granted rehearing en banc as to one issue.
Ruling: 
Requirements for commencing involuntary bankruptcy are not jurisdictional.
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Commercial case opionion summary, case decided on December 02,2008, LexisNexis #0109-100

Trusted Net Media Holdings LLC v. Morrison Agency Inc. (In re Trusted Net Media Holdings LLC)

Appellant debtor challenged a judgment from the District Court for the Northern District of Georgia affirming a bankruptcy court's denial of the debtor's motion to dismiss appellee creditor's involuntary bankruptcy petition, filed under 11 U.S.C.S. § 303(b), for lack of subject matter jurisdiction.
Ruling: 
Requirements for filing an involuntary petition must be satisfied for the court to have subject matter jurisdiction.
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Commercial case opionion summary, case decided on April 23,2008, LexisNexis #0508-058

Guerra v. Fernandez-Rocha (In re Fernandez-Rocha)

Appellants, parents, challenged the District Court for the Southern District of Florida's order affirming the bankruptcy court's dismissal of their adversary complaint against appellee debtor based on his failure to comply with Florida's Financial Responsibility Act, Fla. Stat. § 458.320. On appeal, the parents challenged the bankruptcy court and district court's determination that the debt in issue was dischargeable in bankruptcy.
Ruling: 
Court affirmed dismissal of complaint of defalcation while acting in a fiduciary capacity since under state law no fiduciary duty was owed.
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