Eugene R. Wedoff
How Judge Wedoff rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Wedoff no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Wedoff decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A close reading of the provisions expressly incorporated into plan-modification practice carried more weight than importing confirmation requirements that Congress omitted.
“For three reasons, the relevant statutory language, read fairly, indicates that § 1325(b) does not apply to modification of confirmed plans.”
Procedural preferences
A proposed settlement had to respect statutory priority rules and preserve judicial review of professional compensation.
“Moreover, the proposed allowance of administrative claims for professional fees without judicial review is improper.”
Cautions
Policy concerns about abuse did not justify adding an exception that the statutory text did not contain.
“But questionable or not, a concern about abuse does not itself permit the courts to alter statutory provisions.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because § 1325(b) does not apply to a motion to modify a confirmed Chapter 13 plan, and because the modification proposed here complies with all of the requirements that do apply, the debtor’s motion to modify the plan is granted.”
“Williams’ request to dismiss her Chapter 13 case must be granted in response to trustee’s motion.”
“For the reasons stated above, Odeh’s motion to dismiss will be granted as to Count I of the complaint and denied as to Count II.”
“For the foregoing reasons, the objection to Mayer’s claim of exemption is overruled.”
“An order denying defendants’ motion for summary judgment will be entered together with this opinion.”
“For the reasons set forth above, Redmond’s motion to reopen this bankruptcy case will again be denied.”
“Because the debtors’ plan in this case devotes more than the required amount of their post-bankruptcy income to payments of unsecured debt, the plan complies with § 1325(b) and will be confirmed over the trustee’s objection.”
“For the reasons stated above, Levin’s motion for default judgment will denied.”
“For the reasons stated above, United’s motion for reconsideration will be granted only in part.”
“PBGC is not entitled to summary judgment because there is a dispute with respect to plan termination.”
“For the reasons set out above, the AFA’s motion for appointment of an examiner has been granted by a separate order”
“For the reasons stated above, the Bank is entitled to judgment under § 1213 of BAPCPA.”
A historical record
Judge Wedoff no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.