February 2011 Archives

Satan's Credit Cards

February 28, 2011, by

This article in CNNMoney identifies 9 credit cards industry experts told CNNMoney were among the worst in America for nose-bleed interest rates and ridiculous fees. Here's the list:

  1. Applied Bank Unsecured Visa Gold Card
  2. First Premier Bank MasterCard
  3. Baby Phat Prepaid Visa RushCard
  4. Hooters MasterCard
  5. The Shack Credit Card
  6. Shell Select Member Card
  7. Visa Black Card
  8. JCPenney Rewards Credit Card
  9. Household Bank Premium Platinum MasterCard

Harris v. Gander Partners (ND IL)

February 26, 2011, by

Harris N.A. v. Gander Partners LLC ,(N.D.Ill.)

Issue: When an LLC is in Chapter 11 reorganization, can a creditor collect directly from the principals of the company instead?

Answer: Apparently not in the Northern District of Illinois

Upshot: Here, the Court upheld an injunction entered by the Bankruptcy Court after determining that

  • The participation of these principles was essential to the company"s reorganization
  • If these principles were distracted by this lawsuit the reorganization would likely fail
  • Many other creditors would be harmed financially if this reorganization failed; and
  • The creditor seeking to collect only faced only a temporary stay, anyway.

In the immortal words of Spock, circa Star Trek II, the needs of the many outweigh the needs of the few.

The Real Reason Chicago Population Went South

February 25, 2011, by

quoted from RealEstateUS

Foreclosed and Bankruptcy Homes Led to Population Decline in Chicago -> http://goo.gl/epKjA #foreclosure

In re Cooper/Estate of Badami (J. Squires)

February 24, 2011, by

Bankruptcy: In re Kelli Cooper, 09-038240
Adversary: Loralee Badami, 10-000125

Issued on Feb. 23, 2011
By Hon. John H. Squires

Click here to view and download the Opinion in .pdf format.

In re Shields/Springer v. Shields (ND IL ED)(J. Squires)

February 23, 2011, by

In re Earl W. Shields, 10-000943

800 Springer v. Shields, 10-00693

Issued: February 8, 2011

By Judge: John H. Squires

Click here to download and view the Opinion in .pdf format.

In re Olde Prairie (ND IL ED)(J. Schmetterer)

February 23, 2011, by
In re Olde Prairie Block Owner, LLC, 10-022668

Opinion Issued by Judge: Jack B. Schmetterer

Click here to download and view the Opinion in .pdf format.

Erie Playce LLC, 10-022637

February 22, 2011, by

Erie Playce LLC, 10-022637

Issued: December 7, 2010
By Judge
Pamela S. Hollis

Click here to view and download the opinion in .pdf format.

In re Jahelka/Wells Fargo v. Jahelka

February 22, 2011, by

In re Andrew A. Jahelka, 09-020289

Wachovia Securities, LLC, nka Wells Fargo

Adv. LLC v. Andrew A. Jahelka, 10-000001

Issued October 27, 2010
Hon. Benjamin Goldgar

Click here to read and download this opinion in .pdf format.

Florida Foreclosure Fun!

February 18, 2011, by

According to this piece in the ABA Journal quoting the Palm Beach Post, South Florida foreclosure mill Ben-Ezra & Katz was terminated by Fannie Mae after it was found in contempt by Miami-Dade Circuit Judge Maxine Cohen Lando for, among other things, lying to the Court and eventually filing the documents it claimed to have lost, only to learn they weren"t the right documents.

The de-activation of the firm by Fannie will have far-reaching consequences. Just look at the same action taken months ago with respect to the office of David J. Stern in Plantation, Florida. When Fannie Mae gave them the boot the result was that foreclosures across the State were dismissed with no clear indication of when, if ever, they will be refilled.

Perhaps the most ironic part of the fallout from the botched case was that now the hundreds of employees laid off by the firm as a result will probably need to defend against their own foreclosures.

Now we"re having fun!

In re Lisa C. Davis, 08-16025 (ND IL ED)(J. Wedoff)

February 15, 2011, by
In re Lisa C. Davis, 08-16025

Issued December 16, 2010

By Judge Eugene Wedoff

The Issue: 11 USC 1325(b), introduced by BAPCPA in connection with the notorious hanging paragraph at 1325(a) - states that a plan of reorganization in Chapter 13 must commit all the debtor's discretionary income each month or pay creditors in full; or face dismissal. The issue in this case was whether 1325(b) requires the debtor to commit all discretionary income or pay all creditors in full when seeking to modify their confirmed Chapter 13 Plan.

The Upshot: No. 11 USC 1325(b) does not require the debtor's full commitment of discretionary income or full payment of creditors when a confirmed plan is under consideration. When a debtor sought to modify her plan due to a change in circumstances that would have permitted her to pay less at the outset of the plan and shorten the plan's commitment period if it had occurred before the initial plan was drawn up, the Court allowed her to use those lower numbers going forward regardless of whether the use of those figures satisfied 1325(b).
Ed. Note: Booyah! Chapter 13 debtors win.

Click here to view and download the Opinion in .pdf format.

ConsumerFinance.gov will solve all our problems

February 8, 2011, by

Seriously? This is a clusterfu@# waiting to happen. And we won't have to wait long, either.

[youtube=http://www.youtube.com/watch?v=oYkLiUHel98&w=560&h=345]

Courthouse Open Again as of Thur. Feb. 03

February 2, 2011, by

Court will be open for business as of February 3, 2011.

Visit the Judge's website to see his/her pecific schedule.

Click here to view the details.