Dear Colleagues!
Please see the attached documents illustrating a response by a Real Estate firm in an opposition to a motion for sanctions filed by the US Trustee. It is very enlightening as to what real estate firms are doing to delay foreclosures and in practicing law in our field.
KEITH ALAN HIGGINBOTHAM
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
To members of the Consumer Attorney Bar:
Pursuant to the attached Executive Order, the Office of the U.S. Trustee will be closed on Monday, Christmas Eve.
Happy Holidays,
Carol O. Raineri, Regional Analyst
U.S. Department of Justice/Office of the U.S. Trustee
725 S. Figueroa St., 26th Floor
Los Angeles, CA 90017
carol.raineri@usdoj.gov
Ed Wolkowitz cases continued to 1/1/12.
Carolyn Dye cases continued to 1/17/12.
Hearing times are the same. Notice attached.
The Office of the United States Trustee currently located at 3685 Main Street, Suite 300, Riverside, CA 92501-2804, will be closed to the public on Thursday, October 18th at 12 Noon. Mail or deliveries received on that day will not be processed until October 22nd, when the office reopens at our new address:
Office of the United States Trustee
3801 University Avenue, Suite 720
Riverside, California 92501-3200
Phone: (951) 276-6990
Fax: (951) 276-6973
The Chapter 7 and 13 meetings will be held at the U.S. Bankruptcy Court until Friday, October 26th. Effective October 22nd, Chapter 11 meetings will be held at the new location on the First Floor. For updated information regarding the office, please log on to our website at http://www.justice.gov/ust/r16/index.htm.
Carol O. Raineri, Regional Analyst
U.S. Department of Justice/Office of the U.S. Trustee
725 S. Figueroa St., 26th Floor
Los Angeles, CA 90017
carol.raineri@usdoj.gov
This is a really useful newsletter from the U.S. Trustee’s Office in the Central District. You can access it here.
The announcement is here. Riverside Staff Atty
New issue of the U.S. Trustee’s “Watchdog” can be read here.
Comments and questions re new compliance requirements for Downtown U.S. Trustee’s Office (Woodland Hills has more detailed instructions for their new rules!):
-The instructions to the Debtor’s Declaration re Compliance state that the tax returns are to be provided to the UST at the Initial Debtor Interview, but does not give another option in the event the returns are not provided at the IDI. Are you supposed to email or snail-mail? The UST analysts in Woodland Hills are adamant that no documents are mailed, except for large MORs.
-The Debtor’s Declaration re Compliance states that the Debtor must attach a Real Property Questionnaire for each real property it has an interest in. But the UST’s Guidelines and Requirements for Chapter 11 Debtors in Possession (LA Division Cases Only) – Appendix A states that the Real Property Questionnaire must be provided to the UST in a separate email, with the following in the subject line “CH 11 COMPLIANCE 2:11-bk-12345-QQ; ABCD, INC.; USTLA5.” Therefore, the Real Property Questionnaire CANNOT be attached to the Debtor’s Declaration re Compliance.
Central district news and interesting tidbits from cdcbaa President Keith Higginbotham:
-The next four cdcbaa meetings will be held on 2/4/12; 3/3/12; 4/21/12; 5/19/12.
– Hon. Ellen Carrol is retiring on February 6, 2012 and Hon. Robert Kwan will move to the Los Angeles Division to fill the vacancy. Hon. Catherine Bauer will move to the Santa Ana Division and take over Judge Kwan’s calendar.
– There is a new judge in the Riverside Division, Judge Mark Houle.
– The U.S. Trustee’s Office in Downtown is moving to 915 Wilshire Blvd., Wilshire and the 110 Freeway. The move will happen in July or August of this year.
– Tip for “Lam” Motions — attach a printout from the F.D.I.C.’s website to show that you have served the correct address for the bank whose lien you are trying to “strip.”
– Judges are starting to consider sanctioning attorneys who file both the RARA and the Statement of Limited Scope in chapter 13 cases.
Here are the new requirements for submission of ch 11 7-day packages and MORS beginning next week. All of the Woodland Hills forms can be found on http://www.justice.gov/ust/r16/reg_info.htm
Electronic Service Instructions
The following procedures are to be used only to serve compliance items upon the United States Trustee. The United States Trustee will not accept service of legal pleadings pursuant to these procedures. Legal pleadings must be served upon the United States Trustee in accord with the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules. These procedures do not, in any manner, constitute a waiver of the requirements of the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules regarding rules regarding service of legal pleadings upon the United States Trustee.
I. Mandatory electronic service of the 7-Day Package is required for all debtors represented by counsel. If service is not completed in the manner set forth herein, the submission will be rejected and returned to the submitting party via email. Service will not be successful until a 7-Day Package is served that fully complies with these procedures. Read more…
