Overview of topics...

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Lead Note:

Court Treats Installment Payment Order in Depth: the Device That Lets Creditor Get More Than 10% of Debtor's Income

Special Notes:

• HIPAA Again: Noting Trend, Court Bucks It and Says No Authorization by P Is Needed for D's Ex Parte Interview with Treating Physician
• Prohibition Granted to Stop Judge from Receiving Verdict Sheet in Absence of Attorneys

General Practice:

• Required Showing on Motion to Vacate Default Applies Even If No Default Judgment Has Yet Been Entered
• While Absence of Letter of Engagement May Bar Action for Fee, It Doesn't Require Disgorging of Fee Already Paid
• Sanction of $7000 Imposed (Including Attorneys' Fees) for D's Frivolous Attempt to Avoid Payment of Only $4550
• Debtor Can't Insist on Satisfaction Piece Before PayingJudgment; Withholding Payment Thus Continues Running of Interest
• Papers on Motion to Reargue Must Also Include Copies of Papers Used on Original Motion
• Is Cross-Motion Okay If Made Outside the 120 Days, But in Response to Main Movant's Timely Summary Judgment Motion?

Backlog Items:

• Mortgage Foreclosure Proceeding Is Stopped in Its Tracks by Bankruptcy Filing
• Just as With Any Other Default, Disclosure Default Concedes Liability, Barring Defaulter from Contesting Liability at Damages Inquest