| Central District of California | ||||||||
| 2008 | 2009 | 2010 | % | 2011 | 2012 | |||
| Jan | 3,694 | 6,004 | 9,013 | 50% | 10,868 | 21% | 8,835 | -19% |
| Feb | 3,787 | 6,971 | 9,659 | 39% | 10,631 | 10% | 9,307 | -12% |
| March | 4,381 | 8,529 | 12,840 | 51% | 13,543 | 5% | 10,108 | -25% |
| April | 5,023 | 8,512 | 12,114 | 42% | 12,087 | 0% | 9,034 | -25% |
| May | 5,177 | 8,967 | 11,906 | 33% | 11,669 | -2% | 9,620 | -18% |
| June | 5,351 | 9,595 | 12,190 | 27% | 11,718 | -4% | 8,165 | -30% |
| July | 5,983 | 9,894 | 12,737 | 29% | 10,418 | -18% | 8,201 | -21% |
| Aug | 6,195 | 9,748 | 12,720 | 30% | 11,496 | -10% | ||
| Sept | 6,290 | 9,214 | 12,412 | 35% | 10,006 | -19% | ||
| Oct | 6,364 | 10,322 | 11,753 | 14% | 9,887 | -16% | ||
| Nov | 6,029 | 9,462 | 10,900 | 15% | 9,099 | -17% | ||
| Dec | 6,615 | 9,864 | 10,925 | 11% | 9,089 | -17% | ||
| 64,889 | 107,082 | 139,169 | 30% | 130,511 | -6% | |||
| % of total | 0.059 | 0.075 | 0.089 | 0.095 | ||||
Central District Filings in July Slightly Higher than Last Month, Down 21% Compared to Last Year
Total Filings in July 2012 Down Slightly from Last Month, Down 12% Compared to Last year
| 2007 | 2008 | 2009 | 2010 | % | 2011 | % | 2012 | ||
| Jan | 55,200 | 70,300 | 89,000 | 102,600 | 15% | 102,200 | 0% | 87,900 | -14% |
| Feb | 58,800 | 79,500 | 102,000 | 117,800 | 15% | 109,600 | -7% | 104,400 | -5% |
| March | 73,100 | 90,400 | 131,000 | 159,200 | 22% | 146,400 | -8% | 122,100 | -17% |
| April | 67,800 | 93,200 | 128,700 | 146,200 | 14% | 129,800 | -11% | 108,900 | -16% |
| May | 69,900 | 89,700 | 120,400 | 133,500 | 11% | 122,800 | -8% | 109,300 | -11% |
| June | 67,300 | 89,900 | 124,800 | 133,850 | 7% | 120,700 | -10% | 99,047 | -18% |
| July | 69,100 | 96,400 | 130,500 | 134,600 | 3% | 110,200 | -18% | 97,100 | -12% |
| Aug | 77,100 | 94,300 | 120,000 | 135,600 | 13% | 120,900 | -11% | ||
| Sept | 67,500 | 96,200 | 125,500 | 134,000 | 7% | 110,400 | -18% | ||
| Oct | 81,200 | 108,900 | 130,200 | 129,700 | 0% | 111,500 | -14% | ||
| Nov | 74,200 | 91,400 | 115,500 | 118,100 | 2% | 98,500 | -17% | ||
| Dec | 65,900 | 95,900 | 117,000 | 114,700 | -2% | 96,500 | -16% | ||
| 827,100 | 1,096,100 | 1,434,600 | 1,559,850 | 9% | 1,379,500 | -12% |
California Central District Court – Notice re: CM/ECF and PACER Website Maintenance
The CM/ECF filing system and PACER will not be available Saturday, September 1, 2012 to Monday, September 3, 2012 at 5:00 p.m. due to mandatory system maintenance required by the Administrative Office, Systems Development and Support Division (AO/SDSD).
All e-filers must anticipate any necessary filing deadlines prior to September 1, 2012. This is not considered a “technical failure” as outlined in L.R. 5-4.6.2.
DAP/Pro Bono Committee Meeting
I attended the LOS ANGELES COUNTY BAR ASSOCIATION–COMMERCIAL LAW AND BANKRUPTCY SECTION–PRO BONO BANKRUPTCY SUBCOMMITTEE (DAP/Pro Bono Committee) meeting today. Some interesting info:
-The Central District leads the nation in bankruptcy filings. At the end of June, 2012, our filings were 108% higher than the next “busiest” place to file, Illinois.
-Chapter 13 Trustee Nancy Curry’s new website will be in place by next week. I will keep you updated on this.
-Chapter 11 filing fees are going up again. I will keep you updated on this.
Public Notice re City of San Bernardino Chapter 9 Filing C
Read the Public Notice here.
On August 1, 2012, the City of San Bernardino, California filed a petition for an Order of Relief under Chapter 9 of Title 11, United States Code. The case number is 6:12-bk-28006. Chief Circuit Judge Alex Kozinski has ordered that pursuant to 11 U.S.C. 921(b), Bankruptcy Judge Meredith A. Jury is designated to conduct the case.
The Court has established a webpage to provide information about this case and post select documents of interest. This webpage can be accessed by clicking on Case of Interest: City of San Bernardino on the home page of the Court’s website at www.cacb.uscourts.gov.
Bankruptcy Court
Court’s Webpage for this Case (shortcut): http://go.usa.gov/GKB
Inquiries for this Case
Phone number: (951) 774-1090
City of San Bernardino
Website: www.ci.san-bernardino.ca.us
Legal Inquiries
James F. Penman, City Attorney
Phone number: 909-384-5355
Administrative and Financial Inquiries
Andrea Travis-Miller, Interim City Manager
Phone number: 909-384-5122
Celebrity BK News — Olympics and NFL Edition
Olympic Gymnast and 2 Gold Medal (and counting!) winner Gabby Douglas’ mom filed Chapter 13 earlier this year. TMZ explains how her plan payments will be divvied up.
Read more here.
Retired NFL player Warren Saap’s Chapter 7 Trustee is selling his Nike Air Jordans collection — 240 pairs!
Read more here.
A Primer on Qualifying for Chapter 9
Section 109(c) An entity may be a debtor under chapter 9 of this title if and only if such entity –
(1) is a municipality;
(2) is specifically authorized, in its capacity as a municipality or by name, to be a debtor under such chapter by State law, or by a governmental officer or organization empowered by State law to authorize such entity to be a debtor under such chapter;
(3) is insolvent;
(4) desires to effect a plan to adjust such debts; and
(5)(A) has obtained the agreement of creditors holding at least a majority in amount of the claims of each class that such entity intends to impair under a plan in a case under such chapter;
(B) has negotiated in good faith with creditors and has failed to obtain the agreement of creditors holding at least a majority in amount of the claims of each class that such entity intends to impair under a plan in a case under such chapter;
(C) is unable to negotiate with creditors because such negotiation is impracticable; or
(D) reasonably believes that a creditor may attempt to obtain a transfer that is avoidable under section 547 of this title.
Definitions:
Section 101(32) The term “insolvent” means –
(C) with reference to a municipality, financial condition such that the municipality is –
(i) generally not paying its debts as they become due unless such debts are the subject of a bona fide dispute; or
(ii) unable to pay its debts as they become due.
Section 101 (40) The term “municipality” means political subdivision or public agency or instrumentality of a State.
Judge Meredith Jury, Judge in San Bernardino Chapter 9 Case
Some info on Judge Meredith Jury (btw, I think she is a great judge and a great judge for this case).
Appointment(s): Appointed 11/24/97 by the United States Court of Appeals for the Ninth Circuit.
Reappointed 11/24/11 by the United States Court of Appeals for the Ninth Circuit. (Current term expires 11/23/25.)
Education:
University of Colorado, Boulder, 1969, B.A. (cum laude) in English, Phi Beta Kappa;
University of Wisconsin, Madison, 1971, M.A. in economics, 1972, M.S. in English education;
University of California Law School, Los Angeles, 1976, J.D.
Career Record: 1976-97, Associate-Partner, Best Best and Krieger, LLP, Riverside, California.
Admitted to the California State Bar and U. S. District Court for the Central District of California, 1976; U. S. Court of Appeals for the Ninth Circuit, 1980.
She wrote on opinion for the 9th Circuit BAP in 2009 about the requirements of filing a Chapter 9. You can access that case here.
Power Outage – Los Angeles Division Only – Friday 8/3/12 6:00 p.m to Sunday, 8/5/12. 9:00 p.m
ATTENTION ALL ECF USERS:
From Friday 8/3/12 6:00 p.m to Sunday, 8/5/12. 9:00 p.m, GSA will be shutting off the electrical power to the Roybal Building in Los Angeles for electrical systems maintenance. As a result, the following systems will not be available:
CM/ECF Live System
CM/ECF Training (not available to complete homework assignment)
LOU
VCIS
LA Archive
M. Jonathan Hayes Books
Publisher
Senior Contributor
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