Homeowner Bill of Rights

Hello, Happy Holidays

Please see the link below; it is a link to ConsumersUnion, and contains what I think is an excellent summary of the law about to take effect.  I assume the lenders have prepared & are preparing new forms for this, such as foreclosure notices & denial of loan modification applications. I also assume this is going to have an impact on the bankruptcy filings; it will likely slow them down for a month or so. And, for oppositions to motions for relief from the stay, if I were a debtor’s attorney I would include a copy of the loan mod. application (although getting a copy may be much easier said than done).

For creditors, as the attorney for the lender I would ask for copies of all letters denying any & all loan mod applications so to be prepared for the debtor who says he or she never received it. You just know that is going to be part of an opposition to the motion for relief from the stay.
http://www.consumersunion.org/pdf/CA_Homeowner_Bill_of_Rights_Summary.pdf

David Brian Lally, Esq.
Law Office of David B. Lally
8001 Irvine Center Drive, Suite 1090
Irvine, CA 92618

New Procedure for Lodging Orders

Effective January 2, 2013 the Court will implement a new procedure that affects all orders submitted to the Court.  Under this change, the lodging party files a Notice of Lodgment form with the proposed order (which includes a proof of service) in lieu of attaching the proof of service to the lodged order prior to submission.

For details see http://go.usa.gov/gHEm

Revision of Court Manual Effective January 2, 2013

The Court Manual has been updated and the new revisions will become effective on January 2, 2013.

For details see http://go.usa.gov/gHET

An excellent example of Real Estate Firms practicing law in our field

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

Four Upcoming Seminars in Riverside

Free Chapter 13 Means Test Seminar: January 16, 2013 at 11:00 a.m. in Riverside. Riverside Chapter 13 Staff attorney Bridget Kelly will present a free brown bag seminar on the Chapter 13 Means Test. No need to RSVP, however arrive early as many people will attend. The location is the meeting of creditors room in Riverside: 3801 University, Riverside, CA 92501.

How to Discharge Taxes in Bankruptcy Seminar. Arnie Wuhrman, from Serenity Legal will present his seminar on Discharging Taxes in Bankruptcy on Saturday, January 26, 2013 from 9:00am to 12:30pm. He will include the changes to the case law and updates for 2013.

Bankruptcy Assistants’ Workshop! “It is just us!” This special workshop will be for bankruptcy attorney assistants and paralegals on January 31, 2013 from 1:30pm to 3:30pm. This nuts and bolts seminar will teach your staff with the “best practices” of other offices and allow them to ask questions in a safe environment with people do the same thing for other attorneys. More Information

Chapter 13 : Four Session Mastermind Class. January 24, 2013 at 3:00 p.m. in Riverside. Mike Gouveia will teach a four session “How to Draft a Chapter 13 Plan” class starting January 24 from 3:00 pm to 5:15 pm. (Future dates: Feb. 7, Feb. 21 and March 7, 2013) This “mastermind class” will teach the basics of Chapter 13 and how to draft a Chapter 13 plan. The class is limited to 12 people.

Revisions To Local Bankruptcy Rules Effective January 2, 2013

Notice: Revisions To Local Bankruptcy Rules Effective January 2, 2013 http://go.usa.gov/gGk4

Revised Local Bankruptcy Rules, redline version, and summary of changes are availble here http://go.usa.gov/gG8C

ECF Filing Tips and Reminders

Modified Forms:

The following Bankruptcy forms were recently revised: Notice of Available Chapters (11/12), Statement of Social Security Number and Statement of Financial Affairs (12/12). However, a large number of petitions are being filed with the “old” forms, causing the clerks office staff to issue many deficiency notices. By submitting the most current forms, you may avoid unnecessary deficiency notices and the potential dismissal of your case.

The revised forms can be downloaded from the Court’s website or contact your Petition Preparation Software to ensure you are provided with the most current update.

Only one preferred mailing address allowed per attorney:
Effective with the revision to Court Manual Section 3.2.(c)(4), only one-mailing address per attorney can be stored in the CM/ECF system at a time. Therefore, the single address currently associated with the attorney’s login will continue to be used by the debtor and Court in all of his or her cases unless the attorney notifies the Court otherwise.

Read more…

Office of the U.S. Trustee — Closed on 12/24/12

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

L.A. 341(a)s Set for 12/24/12 Continued

Ed Wolkowitz cases continued to 1/1/12.

Carolyn Dye cases continued to 1/17/12.

Hearing times are the same. Notice attached. 

THQ, Large Local Business Files Chapter 11

I often ride my bike past the headquarters for THQ, a large video-game company in Agoura Hills, California.  In fact, it’s the third-largest employer in the city, after Bank of America and the local school district.   Two days ago, it filed for bankruptcy protection under Chapter 11 of the code.  The debtor’s attorneys listed on the filing are Gibson, Dunn, and Crutcher in Los Angeles, and Young Conaway Stargatt & Taylor, a local firm in Wilmington, Delaware, where the corporation filed its case.

Even though world headquarters for this company are down the street, the Delaware filing is a reminder that the venue provisions for bankruptcy courts allow a filing in the debtor’s district of (1) residence, (2) domicile (residence and domicile are not the same thing), (3) principal place of business in the United States, (4) principal site of assets in the United States, or (5) incorporation.  The first four work for people as well as corporations: I once filed a case for a U.S. citizen residing in Switzerland by showing that he owned a bank account and shares in a corporation doing business in Agoura Hills.

THQ’s president spins the chapter 11 filing as an opportunity, and I admire that.  The company faced undeniable problems (which, having almost no interest in video games, I am happily ignorant of) and had lost $2 billion in market capitalization over the last six years.  That’s a lot of mojo down the drain.  If, as the company and the LA Times report, the company found an investor to purchase its assets, bankruptcy will be a great vehicle for it to strip off the liens attaching to those assets and allow it to continue doing business and catering to the tastes of hard-core action gamers.  We’re probably all better off in that case, because those guys will stay off the streets, to blow up zombies on their electronic screens, rather than interact with the rest of society.