In re Brace to be argued at the California Supreme Court on May 5, 2020

By | April 15, 2020 | Appeals, Cases, Supreme Court | No comments

An email from the California Supreme Court:

IN RE CLIFFORD ALLEN BRACE, JR.
Case: S252473, Supreme Court of California

Date (YYYY-MM-DD): 2020-04-15
Event Description: Case ordered on calendar

Notes: To be argued on Tuesday, May 5, 2020, at 1:30 pm, in San Francisco. Counsel to appear via video or teleconference per Administrative Orders 2020-03-13 (March 16, 2020) and 2020-03-27 (March 27, 2020).

For more information on this case, go to:
https://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2269894&doc_no=S252473&request_token=OCIwLSEmXkw7WyBZSCItSENIUEA0UDxTJiI%2BVz1TTDtJCg%3D%3D

Bankruptcy filings fall slightly in March, 2020

By | April 13, 2020 | Bankruptcy Data | No comments

Total bankruptcy filings in the central district fell slightly in March, compared to February.  March typically sees a jump from February.

2020 2019 2018 2017 2016 2015 2014
Jan 2,828 2,745 2,741 2,839 2,872 3,364 4,704
Feb 2,781 2,754 2,708 2,795 3,299 3,829 4,574
March 2,736 3,481 3,363 3,782 3,923 4,496 5,430
April 3,631 3,277 3,209 3,584 4,486 5,364
May 3,347 3,226 3,384 3,484 3,971 5,500
June 2,967 2,981 3,252 3,545 3,966 4,386
July 3,270 3,057 2,953 3,239 3,731 4,701
Aug 3,274 3,337 3,387 3,543 3,544 4,540
Sept 2,934 2,772 3,071 3,168 3,493 4,317
Oct 3,355 3,259 3,170 3,235 3,751 4,554
Nov 2,636 2,821 3,004 3,025 3,531 3,642
Dec 2,723 2,419 2,416 2,902 2,718 3,733
Total 8,345 37,117 35,961 37,262 39,819 44,880 55,445

Filings by chapter cumulatively so far this year is:

Non-Comm’l Commercial Chapter 7 Chapter 13 Chapter 11
7,603 744 6,524 1,725 96
91% 9% 78% 21% 1%

ethteh

$608.34 for Fee Apps for Opposed Motions for Relief – thumbs down.

By | April 7, 2020 | Bankruptcy Data, Chapter 13 | No comments

How much should you request in your fee application?  Judge Johnson, in a lengthy and researched opinion here, spent considerable time reviewing 168 fee applications to come up with a standard.

  • $140.69 for unopposed motions (i.e. car lender files MFR to sell vehicle in its possession).
  • $442.50 for limited/no opposition in fraudulently hijacked cases where debtor got partial interest (debtor has no interest in defeating the motion since the property is not theirs).
  • $608.34 for opposed motions for relief (requires opposition and appearance).

Fee applications require counsel to demonstrate why their fees are reasonable in light of the customary and standard practice of the consumer bar.  Confirms my position to never file a case in Riverside.

Stay safe and hope everyone is doing well.

Sevan Gorginian, Esq.

Chapter 13 info from Aki on tax refunds and economic relief payments

By | March 20, 2020 | Chapter 13 | No comments

Post by Aki on Facebook:

*****IMPORTANT*****

There are two additional issues that our office has been requested to address which I now have answers for:

TAX REFUNDS

As the tax refund turnover requirement is mandated by the plan and the order confirming the plan, your client will need to file a motion to modify the plan (MOMOD) to suspend the turnover requirement for tax refunds from the 2019 tax year. The trustee does not have the legal authority to waive the tax refunds without a court order.

For the MOMOD, please indicate why your client needs to retain the tax refund. This will usually include evidence that your client’s income has been directly affected by employer actions taken to deal with the COVID-19 threat or business income being reduced due to loss of business directly related to COVID-19. Your client will not have to file the MOMOD immediately and please indicate in your motion if your client wants the relief Nunc Pro Tunc.

ECONOMIC RELIEF PAYMENTS

The Trustee will not be seeking a turn over of any economic relief payments related to the COVID-19 threat.

Bankruptcy filings from years past

By | March 17, 2020 | Bankruptcy Data | No comments

I found an old chart I made several years ago.  Central District total petitions filed by month.l  My how times have changed.

Central District of California
2008 2009 2010 2011
Jan 3,694 6,004 9,013 10,868
Feb 3,787 6,971 9,659 10,631
March 4,381 8,529 12,840 13,543
April 5,023 8,512 12,114 12,087
May 5,177 8,967 11,906 11,669
June 5,351 9,595 12,190 11,718
July 5,983 9,894 12,737 10,418
Aug 6,195 9,748 12,720 11,496
Sept 6,290 9,214 12,412 10,006
Oct 6,364 10,322 11,753 9,887
Nov 6,029 9,462 10,900 9,099
Dec 6,615 9,864 10,925 9,089
64,889 107,082 139,169 130,511

Bankruptcy filings in the Central District in February 2020

By | March 17, 2020 | Bankruptcy Data | No comments

Filings in February compared to last three months and compared to Feb in last three years are all within couple % of each other.

2020 2019 2018 2017 2016 2015 2014
Jan 2,828 2,745 2,741 2,839 2,872 3,364 4,704
Feb 2,781 2,754 2,708 2,795 3,299 3,829 4,574
March 3,481 3,363 3,782 3,923 4,496 5,430
April 3,631 3,277 3,209 3,584 4,486 5,364
May 3,347 3,226 3,384 3,484 3,971 5,500
June 2,967 2,981 3,252 3,545 3,966 4,386
July 3,270 3,057 2,953 3,239 3,731 4,701
Aug 3,274 3,337 3,387 3,543 3,544 4,540
Sept 2,934 2,772 3,071 3,168 3,493 4,317
Oct 3,355 3,259 3,170 3,235 3,751 4,554
Nov 2,636 2,821 3,004 3,025 3,531 3,642
Dec 2,723 2,419 2,416 2,902 2,718 3,733
Total 5,609 37,117 35,961 37,262 39,819 44,880 55,445

Filings by chapter year to date:

Non-Comm’l Commercial Chapter 7 Chapter 13 Chapter 11
5,110 501 4,285 1,256 69
91% 9% 76% 22% 1%

“Commercial” I believe means a corporate type entity.  That means there have been more than 400 corporate chapter 7s.  I’m always surprised there are any much less that many.

Updated means test numbers

By | March 16, 2020 | Chapter 7 | No comments

Email from Hale Antico this morning:

Good morning, CDCBAA community! A few updates as we start off the week:

1. The means test numbers are adjusting for cases filed after 4/1/2020. My summary:

    • 1-person household: $59,286, but after April 1, 2020 it’s $60,360
    • 2-person household: $77,860, but after April 1, $79,271
    • 3-person household: $86,665, and after April 1, $88,235
    • 4-person household: $99,512, and after April 1, $101,315
    • Each additional person: $9,000

Note that this is the first time in recent memory, if ever, that a 1-person household median in Calif is over $60,000, and a four-person household median is six figures, over $100,000.

2. With social distancing being encouraged to battle the coronavirus outbreak, you can offer Zoom consultations with potential clients, and for a small meeting Zoom is free. Caveat: the meeting may be limited to 40 minutes for that free number, but the next tier up is only $14.99/month.

Hale

Hale Andrew Antico

(888) 54-BKLAW
https://www.los-angeles-bankruptcy.net

President, Central Dist Consumer Bankruptcy Attorneys’ Assn.(CDCBAA)
Past President, James T. King Bankruptcy Inn of Court
Member, National Association of Consumer Bankruptcy Attorneys (NACBA)

Letter from BMW in SBRA case

By | March 4, 2020 | Chapter 11, Current Events | No comments

This is kind of galling if you ask me.  I just got this letter from a “a bankruptcy servicing company” relating to new Small Business case I just filed.  What is the point, I wonder, of instantaneously and unilaterally discontinuing “online access, monthly statements, notification emails,” and the “easy pay program”?

Dear M J HAYES:

We are AIS Portfolio Services, LP a bankruptcy servicing company for BMWF Financial Services. BMW Financial Services received a notice of bankruptcy filing on the above referenced account. As a result, online access, monthly Account Statement mailings, statement notification emails and, if applicable, the Easy Pay Program, have been discontinued.

Please be aware this letter is not an attempt to collect a debt nor is it a demand for payment. The information below, including payment options, is being provided for informational purposes only.

If you wish to make voluntary payments, you may do so anytime using BMW Financial Services automated phone system, paying by check, bank bill pay, or Western Union.  For all payments made, please include your account number and remit to:

BMW Financial Services NA, LLC
PO Box 78066
Phoenix, AZ 85062
Toll free – 800 – 398 – 3939

If you have any questions, please contact a Bankruptcy Specialist at (888) 455-6662, Monday through Friday, from 9:00 a.m. to 5: 00 p.m.ET

Standing to appeal?

By | March 3, 2020 | Appeals | No comments

Another case I want to remember.  Seems to come up all the time.

Palmdale Hills Prop., LLC v. Lehman Commer. Paper, Inc., 654 F.3d 868, 874 (9th Cir. 2011) (“those persons who are directly and adversely affected pecuniarily by an order of the bankruptcy court . . . have standing to appeal that order”).

Great Judicial Profile of Judge Margaret Mann

By | February 25, 2020 | Programs | No comments

I told Judge Mann in San Diego once that she always has a smile on her face.   One of my favorite people.  Now I find out she is catholic and from the south side of Chicago!  We are kindred obviously – although my family left Chicago when I was three.  Take a look at the Judicial Profile just published by the California Lawyers Association.   

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