You can access the new 9th Circuit Annual Report for the fiscal year 2011 here. The 92 page report for the year ended Sept, 2011 has lots of pictures and statistics. For example, there were 826 requests during the year for en banc review of which 13 were granted. Every district in the 9th Circuit had fewer bankruptcy filings than the year before except the Central District of California. There were 1,011 appeals from bankruptcy court decisions, up 29% from the previous year. Of the total appeals, the BAP got 59% of them and the disctrict courts 41%. How’s this for an interesting fact: 11% of the appeals to the BAP resulted in reversal! It doesn’t say what the reversal rate was to the district courts. Of the BAP and district court appellate decisions, 178 were further appealed to the 9th Circuit.
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Public Counsel’s 2011-2012 Annual Report
Hi everyone,
Public Counsel’s 2011-2012 Annual Report is available now on our website at http://www.publiccounsel.org/pages/?id=0060. The report outlines Public Counsel’s efforts to tackle problems facing our communities through major litigation, policy change, legislation, and direct legal services. As Public Counsel’s CEO/President Hernán Vera so eloquently states in the introductory letter to the report,
“These difficult times require all of us not only to act, but to act swiftly and decisively. Whether it is a con artist defrauding a homeowner in trouble, a school district ignoring the civil rights of a child, a government agency failing to fulfill its duties to the homeless, or a duplicitous business strip-mining equity from our neighborhoods-Public Counsel is not afraid to step in aggressively to achieve justice.”
Together with all of you, Public Counsel will continue to be a force for good in people’s lives and affirm its commitment to equality and opportunity for all.
Thank you for your continued support! Best, Maggie
Magdalena Reyes Bordeaux
Senior Staff Attorney
Public Counsel
Tax Rebates/Refunds Lead to Increased Filings
There were more bankruptcy filings in March than any other month in 2009, 2010, and 2011 and 2012 presumably will be the same. Why you ask? There is a great analysis here. Tax refunds. The article is actually about tax rebates but I assume it would apply to tax refunds as well. The costs of filing we know have soared since BAPCPA in 2005. The authors say “legal and administrative costs inhibit a significant number of households from filing for bankruptcy.” The tax refunds gives the filer the funds to pay the attorney or other paid preparer.
The article concludes, “Mian and Sufi (2011) report that the household debt to income ratio more than doubled from 0.9 in 1980 to 2.0 in 2009. Against the backdrop of this dramatic rise in household debt, raising the costs of filing is an ineffective strategy for curtailing consumer bankruptcy. The recession has caught many households in a rising tide of unemployment and foreclosure, and high bankruptcy fees prevent them from obtaining much-needed relief.
Dodgers Purchase Agreement
You can access the agreement between McCourt and Guggenheim Baseball Managent, L.P, all 75 pages here. This is the copy that was filed with the Bankruptcy Court a day or two ago. Dodger Purchase Agreement
THE JEFFREY S. TURNER MEMORIAL COMMERCIAL LAW UPDATE
THE JEFFREY S. TURNER MEMORIAL COMMERCIAL LAW UPDATE
This meeting is jointly sponsored by The Financial Lawyers Conference and The Los Angeles County Bar Association Commercial Law and Bankruptcy Section, Commercial Law Committee
Thursday, May 10, 2012
Speakers:
Steven O. Weise, Proskauer Rose LLP
Robert Goldschein, Tennenbaum Capital Partners, LLC
Location:
Beverly Hilton Hotel
9876 Wilshire Boulevard
Beverly Hills, California
Orange County Bankruptcy Forum Program at Chapman Law School, April 21, 2012
The Orange County Bankruptcy Forum and Chapman University School of Law, Co-Sponsors, Present:
Speakers: Honorable Mark S. Wallace – U.S. Bankruptcy Court Judge
William M. Burd – Burd & Naylor
Dan E. Chambers – Troutman Sanders
Robert P. Goe – Goe & Forsythe
D. Edward Hays – Marshack Hays
Sean A. O’Keefe – O’Keefe & Associates
Program Committee: Beth E. Gaschen, Adam M. Greely & Christopher A. Minier
Location: Chapman University School of Law
THIS PRESENTATION WILL TAKE PLACE AT THE CHAPMAN LAW SCHOOL MOCK COURTROOM; SPACE IS LIMITED TO FIRST 70 REGISTRANTS.
Date/Time: April 21, 2012 8:30 a.m. – 12:00 p.m. Continental Breakfast at 8:30 a.m. Program to Commence at 9:00 a.m.
Cost: Members: $100 ~ Non-Members $130 ~ Judge or Government Employee $50 After April 13, 2012 Members: $120 ~ Non-Members $150 ~ Judge or Government Employee $70
Inaugural Leslie Cohen 5K Run/Walk on April 28, 2012 at 8 a.m.
Dear Colleagues and Friends,
Please join us for the inaugural Leslie Cohen Law 5K Run/Walk on April 28, 2012 at 8 a.m. to benefit Public Counsel’s Debtor Assistance Project and Samohi Cross Country Track Program.
We are honored to support our community in this event and would be thrilled if you can attend!
Runners and walkers will enjoy the stunning course route along the bluff overlooking the Pacific and up the world-famous tree-lined San Vicente Boulevard, and runners can also get the best supplements that they can find in this great article here to improve their physical performance.
The first 250 to register will receive a complimentary Nike tech race T-shirt commemorating the event. Post-race snacks will be provided and massages will be available courtesy of BodyWorks LA Massage & Fitness, and also muscle massages using an amazon vibrating foam roller for this. All participants will receive certificates from Real Food Daily, and the winners of the race will receive dinner for two. Be there for more prizes and surprises!
LACBA Program with Our Own Peter LIvely, May 8, 2012
05/08/2012
Presented by: Commercial Law and Bankruptcy Section
Program Information: In June 2011, 20 judges of the U.S. Bankruptcy Court for the Central District of California issued a joint opinion holding that lawfully married (i.e., pre-Prop. 8) same-sex couples have the same right to file joint bankruptcy petitions as lawfully married opposite-sex couples. However, where does that leave same-sex registered domestic partners, who are also subject to California’s community property system yet lack the ability to file a joint bankruptcy petition? Judge Robert Kwan and practitioners Peter Lively and Rob Pfister (the attorneys who litigated In re Balas & Morales) will provide an overview of the issues and challenges for bankruptcy attorneys advising same-sex couples, and will discuss possible solutions – including joint administration, substantive consolidation, and the possibility of a change in the Local Bankruptcy Rules.
Speakers: Hon. Robert R. Kwan, Los Angles Division of the United States Bankruptcy Court
Peter M. Lively, Law Offices of Peter M. Lively
Robert J. Pfister, Klee, Tuchin, Bogdanoff & Stern LLP
Location: Los Angeles County Bar Association 1055 West 7th Street, 27th Floor Los Angeles, CA 90017
Parking: Self Parking is available for $10.00.
Times: Registration: 11:30 AM-12:00 PM Meal/Reception: 11:30 AM-12:00 PM Program: 12:00 PM-1:00 PM Custom Communication: Appropriate For All Levels
cdcbaa Program Foreclosure and Relief from Stay April 21, 2012 at Southwestern Law School
Central District Consumer Bankruptcy Attorneys Association
Foreclosure And Relief From Stays
April 21, 2012
Speakers: Judge Neil Bason
David B. Lally, Esq., The Law Office of David B. Lally
Nancy Clark, Esq., The Law Offices of Borowitz and Clark, LLP
Where: Southwestern Law School 3050 Wilshire Boulevard Westmoreland Building – Room W329 Los Angeles, CA 90010
Parking is $8.00
Times: Registration: 10:00am – 11:00am cdcbaa
Membership Meeting: 10:30 am – 11:00 am
Program: 11:00 am – 1:00 pm
NOTE: ONLY MEMBERS CURRENT ON THEIR 2012 MEMBERSHIP DUES WILL BE ADMITTED.
STATE OF THE CIRCUIT/DISTRICT
April 05, 2012
Time: 11:30 a.m. Registration 12 noon Lunch
Registration: 11:30 a.m.
Featuring:
Chief Judge Alex Kozinski
United States Court of Appeals, 9th Circuit
Chief Judge Audrey B. Collins
United States District Court, Central District
Chief Magistrate Judge Suzanne H. Segal
United States District Court, Central District
Chief Bankruptcy Judge Peter H. Carroll
United States Bankruptcy Court, Central District
Location: Kyoto Grand Hotel
120 S. Los Angeles St., Los Angeles, CA 90012
Cost:
FBA Members $75
Government Employees/Students $50 – Table of 9 $650
Non-Members $90 Non-Member Table of 9 $775
http://www.fbala.org/Events.php
M. Jonathan Hayes Books
Publisher
Senior Contributor
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