Joan Humphrey Lefkow
How Judge Lefkow rules, drawn from 8 signed orders. Every observation links to the order it came from.
Judge Lefkow no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lefkow decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the reviewed confirmation ruling, voluntary retirement contributions were treated as disposable income rather than reasonably necessary support while a Chapter 13 plan was pending.
“there is an overwhelming consensus among courts that a debtor’s voluntary payment into a pension or retirement plan is not an expenditure reasonably necessary for the debt- or’s maintenance and support while the Chapter 13 plan is pending.”
In the credit-card nondischargeability decision, the lender established justifiable reliance only until its own records made the debtor's excessive charging obvious.
“Bank did not justifiably rely on defendant’s misrepresentation after August 7, 1996 because it relied on a misrepresentation, the falsity of which was obvious upon cursory examination.”
Procedural preferences
A request to vacate a discharge for fraud had to be brought within a reasonable time; the reviewed eight-month delay was too long where the movant already had counsel.
“it cannot agree with Jeanne that this motion, brought at least eight months after the discovery of the fraud, has been brought within a reasonable time, particularly where Jeanne was being actively represented by counsel at the time of the discovery.”
The bankruptcy court required a statutory bankruptcy source for class-claim jurisdiction and rejected state-law claims that did not affect the estate or invoke a right created by the Bankruptcy Code.
“The court concludes, therefore, that the class claims contained in counts II and III do not arise under title 11. This court has no jurisdiction over them.”
Cautions
The reviewed turnover decision did not treat a creditor's prepetition repossession and initial refusal to surrender collateral voluntarily as an automatic-stay violation.
“the court concludes that FMCC did not violate the automatic stay in refusing to voluntarily surrender plaintiffs vehicle to her at the commencement of this case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For these reasons, debtor’s motion to avoid preferential transfer of property is denied.”
“For these reasons, the court finds the debt incurred for the period July 6 to August 7, 1996, in the amount of $10,543.08, nondischargeable. The court finds that the complaint is not supported by the evidence with respect to the remainder of the amount claimed.”
“For the reasons set forth below, plaintiffs motion for turnover is granted. Upon the entry of a two-month default order, FMCC shall be obliged to return plaintiffs vehicle to her.”
“Plaintiffs motion for sanctions for violating the automatic stay is denied.”
“Ford Credit’s motion to dismiss is granted in part. Count I of the Debtor’s complaint is dismissed for failure to state a cause of action. The court’s decision regarding the Counts II and III will be deferred pending resolution of the question of jurisdiction.”
“For the foregoing reasons, debtor’s motion to reconsider the dismissal of count I of debtor’s adversary complaint is denied.”
“Defendant’s motion to dismiss is granted with respect to the class claims contained in counts II and III. The defendant’s motion to dismiss the individual claims contained in counts II and III is taken under further advisement regarding defendant’s challenge to the substance of those claims.”
“For these reasons, the Amended Motion to Reopen Case and [For] Relief from Final Judgment Order is denied.”
“For the above reasons, FMCC’s objection to the confirmation of Debtors’ Amended Chapter 13 Plan is hereby overruled.”
“For the above reasons, the Trustee’s objection to the confirmation of debtor’s Amended Chapter 13 Plan is hereby sustained.”
“Because the debtor’s Plan does not provide that all of her disposable income will be applied to make payments under the Plan, it cannot be confirmed.”
“This court does not find it necessary at this time to dismiss the debtor’s case under § 1307(c), and will allow the debtor additional time to amend the Plan”
A historical record
Judge Lefkow 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.