A Section 542(b) Turnover Action Can’t Be Used to Compel Payment of a Judgment
Writs of execution and supplemental proceedings, not turnover actions, are the methods for enforcing a money judgment, Bankruptcy Judge Warren says.
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Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.
Subchapter V Trustee Barred from Routine Retention of Counsel
Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.”
Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan
Factors in permitting separate classification of debts include moral obligation and tangible benefit.
Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity
Plain language of Section 547 defeated what could have been an easily avoided preference.
Judge Name - Do not use it.
David M. Warren