All posts in Chapter 13

Chapter 13 Trustee Kathy Dockery New Website is Really Nice

By | October 21, 2012 | Chapter 13 | 1 Comment

Kathy Dockery’s new website, LATrustee.com, is really nice.  For one thing it has the actual results of the confirmation hearings, something I have been curious about.  I have summarized the results in the spreadsheet below showing how many matters were set for confirmation on a particular day, how many of those were actually confirmed etc.  As I get more of the results, I will update the info.  The matters identified as “other” are matters that were moot on that day, ususally because the case was either already confirmed or dismissed.  The percentage is the percentage of the total matters.  So 26% of the total cases between the two judges were confirmed.

Total Confirmed Dismissed Cont’d Other
NB – Oct 11, 2012 135 38 0.28 19 0.14 74 0.55 4
SK – Oct 4, 2012 105 24 0.23 13 0.12 59 0.56 9
240 62 0.26 32 0.13 133 0.55 13

Reminder: File Those Chapter 13 Mortgage Payment Declarations

By | October 16, 2012 | Chapter 13 | 8 Comments

Dear Ch13 Colleagues:

In Court today, one of our Ch13 Judges pointed out that there appears to be a significant increase in the failure of debtors and their counsel to file mortgage payment declarations.  This Court pointed at that since 95% of Ch13 cases involve real property, the proving up of the post petition pre confirmation mortgage payments goes to the heart of feasibility as a requirement of confirming a Ch13 case.

I just wanted to pass this on to my fellow colleagues.

KEITH ALAN HIGGINBOTHAM
2012 cdcbaa President

Michael Gouveia’s Riverside BK Notes

By | September 6, 2012 | Chapter 13, Current Events | 1 Comment

Michael Gouveia’s RIVERSIDE BK Notes

The  Chapter 13’s in September  and October creditors meetings will be at the 12th Street Courthouse.   Yes, you read right.  The 341’s for the weeks of Septmeber 10th, September 17th, September 24th  and now into October are scheduled for 3420 12th street (at the Court house in little room 100a).   The 14th Street/ Martin Luther King Blvd. Bridge on 91 freeway  will be widened starting next week—for two years.  Expect major delays using that exit.  If you are going to the Riverside Bankuptcy Court, use the Mission Inn Blvd. exit (7th street) off the 91 freeway, or exit off the 60 freeway as the 14th Street bridge will go from three lanes down to one.

Kagenveama Still Alive – In re Flores – Congratulations to Nancy Clark

By | September 3, 2012 | Case Briefs, Chapter 13 | No comments

Danielson v. Flores (In re Flores), — F. 3d — 2012 WL ————(9th Cir. August, 2012)

Issue:   May “a debtor with no ‘projected disposable income’ confirm a plan that is shorter in duration than the ‘applicable commitment period’ found in §1325(b)”?

Holding:   Yes, the 9th Circuit ruling in Kagenveama is still binding as to the applicable commitment period.

Appeal from Bankruptcy Court – direct appeal
Bankruptcy Judge Meredith Jury
Attorney for Defendants, Nancy Clark

Judge Chen for the majority and Judge Susan Graber dissenting.

These are above-median chapter 13 debtors whose “monthly ‘disposable income,’ as that term is defined in the Bankruptcy Code, is negative.”  The debtors proposed to pay $148 per month for 36 months.  The trustee objected that the applicable commitment period was 60 months.  The court agreed and confirmed the plan for 60 months.

Read more…

Nice – WFB hit with $3.2 million in Punitive Damages in Favor of little ol’ Homeowner

By | August 18, 2012 | Appeals, Chapter 13 | 1 Comment

Nice opinion from Louisiana:

“On April 13, 2007, the Court entered an Opinion and Partial Judgment awarding [the debtor] $24,441.65, plus legal interest for amounts overcharged by Wells Fargo.  In addition, [the bankruptcy court] found Wells Fargo to be in violation of the automatic stay because it applied postpetition payments made by [the debtor] and his trustee to undisclosed postpetition fees and costs not authorized by the Court, noticed to Debtor or his trustee, and in contravention of Debtor’s confirmed plan of reorganization and the Confirmation Order.  Wells Fargo’s conduct was found to be willful and egregious.”

Later the court awarded $67,000 in attorney’s fees as “compensatory sanctions.”  The court did not award punitive damages.    On appeal, the district court increased the judgment to $170,000.  The Fifth Circuit remanded (ultimately) with an order to reconsider the punitive damages.  On remand, the bankruptcy court increased the compensatory award to $292,000 for the additional fees involved in the appeal and said,

“After considering the compensatory damages of $24,441.65 awarded in this case, along with the litigation costs of $292,673.84; awards against Wells Fargo in other cases for the same behavior which did not deter its conduct; and the previous judgments in this case none of which deterred its actions; the Court finds that a punitive damage award of $3,171,154.00 is warranted to deter Wells Fargo from similar conduct in the future.”

The opinion is here.  WFB Hammered  Thanks to Marc Stern in Seattle for the FYI on this.

DAP/Pro Bono Committee Meeting

By | August 7, 2012 | Bankruptcy Data, Chapter 11, Chapter 13 | No comments

I attended the LOS ANGELES COUNTY BAR ASSOCIATION–COMMERCIAL LAW AND BANKRUPTCY SECTION–PRO BONO BANKRUPTCY SUBCOMMITTEE  (DAP/Pro Bono Committee) meeting today. Some interesting info:

-The Central District leads the nation in bankruptcy filings. At the end of June, 2012, our filings were 108% higher than the next “busiest” place to file, Illinois.

-Chapter 13 Trustee Nancy Curry’s new website will be in place by next week. I will keep you updated on this.

-Chapter 11 filing fees are going up again. I will keep you updated on this.

Celebrity BK News — Olympics and NFL Edition

By | August 5, 2012 | Chapter 13, Chapter 7, Current Events | No comments

Olympic Gymnast and 2 Gold Medal (and counting!) winner Gabby Douglas’ mom filed Chapter 13 earlier this year.  TMZ explains how her plan payments will be divvied up.

Read more here. 

Retired NFL player Warren Saap’s Chapter 7 Trustee is selling his Nike Air Jordans collection — 240 pairs!

Read more here. 

Reminder from Aki re Uploading Documents

By | August 1, 2012 | Chapter 13 | 1 Comment

Reminder:  when you upload documents to TRU, please make sure you separate the PDF documents so that only the responsive document is uploaded for a particular objection.  We have had some offices uploading the same batch of documents for each and every objection.

Thank you.  Aki Koyama

How Does Non-Recourse Debt Fit Into Chapter 13 Eligibility?

By | July 21, 2012 | Chapter 13, Judges Corner | No comments

Another great thought from Arne Wuhrman: where the second that is being stripped because it is entirely unsecured, the debt should not be treated as unsecured if it is a non-recourse loan.  There is no Section 1111(b) in chapter 13 providing that non-recourse debt is treated as recourse for purposes of a plan.  Section 102(2) defines claim to include a claim against property of the debtor but if the debt is treated as unsecured for eligibility purposes, 102(2) should not apply and then there is no “right to payment” and therefore no claim.  Attached is a tentative ruling from Judge Erithe Smith that lays out the argument pretty well.  Smith Tentative.  Remember though, a secured loan is only purchase money if it was incurred to buy the property or is a seller-financed debt and a refi of either makes the new debt recourse.  CCP 580(b).

Public Notice re Santa Ana Case Assignment to Judge Clarkson

By | July 12, 2012 | Chapter 13, Chapter 7, Court Clerk Information, Judges Corner | 4 Comments

Public Notice 12-001 attached.

Judge Scott C. Clarkson recently began receiving a portion of the new chapter 7 and chapter 11 bankruptcy cases filed at the Santa Ana Division. Judge Clarkson will also continue to receive new cases filed at the Riverside Division.

Hearings: To schedule matters on Judge Clarkson’s Santa Ana Division calendar, please refer to Judge Clarkson’s self-calendaring instructions on the Court’s website at www.cacb.uscourts.gov, or call 714-338-5378.

Unless otherwise directed by the Court, parties appearing before Judge Clarkson for Santa Ana Division cases assigned to him are to appear at the Santa Ana Division, Courtroom 5C. Hearings for Judge Clarkson’s Santa Ana Division cases should be noticed for his Santa Ana Division Courtroom at 411 West Fourth Street, Courtroom 5C, Santa Ana, CA 92701.

Filing Papers/Judge’s Copies: Papers filed on Santa Ana Division cases assigned to Judge Clarkson must be filed either electronically or, for those not registered to use CM/ECF, at the Intake Section of the Santa Ana Division. Judge’s copies of these documents must be mailed to 411 West Fourth Street, Suite 5113, Santa Ana, CA 92701, or placed in the judge’s copy bin for Judge Clarkson outside of Suite 5113.

For procedures and information regarding Santa Ana Division cases assigned to Judge Clarkson, please consult the Court’s website www.cacb.uscourts.gov under Information > Judges’ Procedures/Information.

KATHLEEN J. CAMPBELL
CLERK OF COURT

← Older Entries
Newer Entries →