Frederick J. Hertz
How Judge Hertz rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Hertz no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hertz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Contract rejection required a demonstrated estate benefit and attention to the relative harm that rejection could cause.
“this court believes that it is appropriate to always consider the equities of the situation and measure the relative effects of rejection before granting approval.”
Procedural preferences
Chapter 13's rehabilitative purpose permitted cure and reinstatement of an accelerated residential mortgage before sale.
“the debtor herein may cure his mortgage arrearages within his Chapter 13 plan and reinstate the original mortgage schedule.”
Cautions
A signed security agreement's narrower collateral description controlled despite broader descriptions elsewhere in the loan documents.
“the document entitled ‘Security Agreement’ solely defines the extent of the security interest of the plaintiff.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the trustee’s motion contesting priority status to pre-petition interest on pre-petition federal and state taxes is denied.”
“THEREFORE, IT IS HEREBY ORDERED that judgment is rendered in favor of Rozel.”
“judgment is granted in favor of Mercantile Trust against Jerry Pozucek in the amount of $5442.28.”
“judgment is granted in favor of Michelle with respect to Merchantile Trust’s complaint.”
“judgment is granted in favor of AMEX against Jerry Pozucek for $14,975.52.”
“Accordingly, the motion of the Baranski plaintiffs to modify the stay is granted.”
“this court overrules the trustee’s objection and allows the debtor to apply the Illinois Homestead Exemption”
“The plaintiffs’ motion for summary judgment is denied.”
“this court denies Polychem’s motion to reject an executory contract.”
“this court denies Polychem’s motion to reject an exec-utory contract and thereby effectively grants Movidyn’s motion to dismiss.”
“Consequently, both claims are denied.”
“Consequently, the debtor’s complaint seeking turnover of the funds is dismissed.”
“the creditor’s motion to vacate the turnover order entered by this court on October 7, 1983, is denied.”
“this court grants Protective’s motion to dismiss the debtor’s adversary complaint seeking a restraining order.”
“the motion for turnover of North Shore is granted”
“the motion for marshaling of assets of the trustee is denied.”
A historical record
Judge Hertz 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.