All posts in Community

More Info on Pro Per Filings in the Central District

The 9th Circuit has prepared a nice overview on the pro per filings issues in the Central District.  You can access it here.  About a quarter of all filings in the Central District are pro per and, of that amount, 39% of the chapter 7s will be dismissed and 99% of the chapter 13s will fail to successfully complete the plan.

The chapter 7 number is a little strange since chapter 7s are rarely dismissed (I thought).  I assume the dismissal must be based on the failure of the debtor to appear at the meeting of creditors.  That tells me that the filing was solely to stop an eviction or foreclosure and give the debtor a little more time to move.   The filing was probably by a BPP or “notario” in the hispanic community.  A lot of the pro pers are not aware they filed.

As to chapter 13s, it’s a sad state of events to know that the paperwork is so complicated that virtually no one can do it themselves.  I assume most pro per chapter 13s are filed by people who are trying to save property they cannot afford and thus the failure from the start.  But conceptually, chapter 13s are not that complicated – its the paperwork that is difficult although Congress could help by making the basic rules a little more easy to understand and banks could help by doing something other than filing a mindless objection to the plan at the last minute, then sending an appearance attorney to the hearing.

Inland Empire Bankruptcy Forum Program on Nondischargeability

Inland Empire Bankruptcy Forum: A college of lawyers and others dedicated to the study of bankruptcy and insolvency

Nondischargeability I: Fraud, Willful & Malicious Injury, and Other Nasty Stuff

Speakers:
Hon. Deborah Saltzman, U.S. Bankruptcy Judge
Robert P. Goe, Goe & Forsythe, LLP
D. Edward Hays, Marshack Hays LLP

Tuesday, May 29, 2012
No Host Cocktails 6:00 p.m. – Dinner 6:30 p.m. – Program 7:00 p.m.

The Mission Inn
3649 Mission Inn Avenue, Riverside, CA

Read more…

cdcbaa Program: How to Get a Chapter 13 Case Confirmed and Post Confirmation Issues

Central District Consumer Bankruptcy Attorneys Association

How to Get a Chapter 13 Case Confirmed and Post Confirmation Issues

 May 19, 2012

 Speakers:

Omid Moezzi, Staff Attorney to Chapter 13 Trustee Nancy Curry

Angela Gill, Staff Attorney to Chapter 13 Trustee Kathy Dockery

 Where:  Southwestern Law School

Read more…

Bankruptcy Basics and Review Program

Hosted by University of West Los Angeles School of Law

Bankruptcy Basics and Review

MCLE Specialization Bankruptcy Credit (approved for 12 MCLE credits)

Professor M. Jonathan Hayes, Senior Adjunct Professor of Law UWLA and Certified Bankruptcy Specialist

James T. King, Certified Bankruptcy Specialist

June 1-2, 2012; 9:30 a.m – 4:30pm

This two day program will focus on Chapter 7, 11, and 13. The program is for attorneys who have some basic knowledge of bankruptcy and are interested in learning more.  Paralegals and staff are welcome.  The first day will focus on consumer bankruptcy, Chapter 7 and 13 and the second day will focus on Chapter 11, corporate and individual cases.  You can sign up for one day or both.

See the flyer here.

Hope to see you there!

Orange County Bankruptcy Forum Brown Bag – May 10, 2012

Register Now at OCBF.org!

A college of lawyers and others dedicated to the study of bankruptcy and insolvency
May 10, 2012  OCBF Brown Bag Program

GETTING IT RIGHT THE FIRST TIME: HOW TO GET YOUR ORDERS ENTERED

Speakers: Court Chambers Staff

All of us encounter difficulties from time to time in having our orders entered promptly.  All too often these orders are “bounced” for procedural reasons.  In this program the Chambers Staff – the judicial assistants, staff attorneys and law clerks for all five Santa Ana Judges will explain proper formatting and processing of orders.  They will discuss common mistakes to avoid.  And they say, “bring your questions.”  This program is appropriate for bankruptcy attorneys and for their staff.

Date/Time: Thursday, May 10, 2012 Registration 11:30 a.m. Program Commences at 12:00 p.m. SHARP   Location: Ronald Reagan Federal Building 411 W. 4th Street, Santa Ana Courtroom 5C

Cost: CBF Members and Government Employees $10 Non-Members $25 No-shows and cancellations received the day of the event will be billed automatically. Read more…

ABI Forms Commission to “Overhaul Chapter 11”

The ABI has formed a commission to overhaul chapter 11.  You can read the WSJ article here.  “The Chapter 11 system is itself in distress, having been asked to do far more than it was designed to do and to operate in an entirely different environment,’ said bankruptcy attorney Richard Levin of Cravath, Swaine & Moore, who helped craft the 1978 Code as a congressional staffer.”  “The meeting introduced the commission mission and its membership—declared a “who’s who of the insolvency world” by committee co-chair and Maine attorney Robert Keach—to the handful of people who showed up.”

Nancy Dockery Staff Attorney Passes Specialist Exam

Congratulations to our Staff Attorney Angela Gill who has passed the bankruptcy specialist exam with the California State Bar.

Aki Koyama

New Links – FDIC and MERS

I have added two new links to this blog.  The first is the FDIC link which will give you the address of the headquarters of “insured banks.”  As you know, some of the judges want you to print out this page so that they can see that you sent the pleading to the right address.  The second new link is a MERS searchable registry.  You can use this site to find out who the real creditor is.

Warren Sapp Chapter 7 with $45,000 per Month of Current Income? – Stay Tuned

Here is a great article on the status of the Warren Sapp chapter 7 in Florida.  The article says he gets $45,000 of income from a tv program and other sources but they are taking the position that the debts are not primarily consumer debts.  He owes something near a million in domestic support obligations and nearly another million more or less in taxes.  The taxes are apparently dischargeable.  The meeting of creditors is May 8 so we won’t see a UST motion to dismiss for a while if its coming.

My Article on Friedman and the Absolute Priority Rule

My article on Friedman and the Absolute Priority Rule, “Ninth Circuit BAP Confirms: No Absolute Priority Rule in Individual Chapter 11 Cases,” has been published in the Norton Bankruptcy Law Advisor and can be found at 2012 No. 4 Norton Bankr. L. Adviser 2.