Reminder: when you upload documents to TRU, please make sure you separate the PDF documents so that only the responsive document is uploaded for a particular objection. We have had some offices uploading the same batch of documents for each and every objection.
Thank you. Aki Koyama
U.S. Bankruptcy Court Central District Of California (Riverside) Bankruptcy
Petition #: 6:12-bk-28006 Assigned to: Chapter 9 Voluntary Asset
Date filed: 08/01/2012
Debtor City of San Bernardino, California
City Hall 300 North “D” Street
San Bernardino, CA 92418
SAN BERNARDINO-CA Tax ID / EIN: 95-6000772
represented by Paul R. Glassman Stradling Yocca Carlson & Rauth 100 Wilshire Blvd Ste 440 Santa Monica, CA 90401 424-214-7000 Fax : 424-214-7010 Email: pglassman@sycr.com
U.S. Trustee United States Trustee (RS) 3685 Main Street, Suite 300 Riverside, CA 92501
Docket Text 08/01/2012
1 Chapter 9 Voluntary Petition . Fee Amount $1046 Filed by City of San Bernardino, California (Glassman, Paul) (Entered: 08/01/2012) 08/01/2012
Receipt of Voluntary Petition (Chapter 9)(6:12-bk-28006) [misc,volp9] (1046.00) Filing Fee. Receipt number 28495989. Fee amount 1046.00. (U.S. Treasury) (Entered: 08/01/2012)
The Emergency Petition is here. San Bern My bet is it will be assigned to Judge Meredith Jury in Riverside. 9th Circuit Chief Judge Alex Kosinski picks the judge but presumably he will ask Chief Judge Peter Carroll who will recommend Meridith Jury. She is the senior judge in Riverside and has experience with chapter 9 given all the appeals in the Vallejo case.
I was waiting for my matter to be called in Judge Neiter’s courtroom (fee app was approved as requested!) and I heard him say that he will never approve a real property reaffirmation, and he doesn’t think any of his colleauges will either.
-RDM
ATTENTION ALL CM/ECF USERS:
On Saturday, August 11, 2012, from 7:00 a.m. to approximately 5:00 pm. the electrical power to the San Fernando Valley Division will be shut down so the Department of Water and Power can perform necessary repairs to their equipment. During this interruption, LOU will not be available to upload proposed orders, however, CM/ECF will be available to electronically file documents.
This outage affects the San Fernando Valley Division only. We apologize for any inconvenience this may cause.
Respectfully,
ECF Help Desk
(213) 894-2365
I had a short very enlightening conversation on reaffirmation agreements with a bankruptcy judge at the 9th Circuit Judicial Conf last week. The conversation started with my comment at the program I was doing that I don’t sign – ever – the attorney declaration in 524(c)(3). The conversation was about the consequences of not signing it. I now have a new way of looking at the whole process thanks of the help of a law firm in Kendall County, In http://ksshlaw.com/ you can find the specialist attorneys they work with to know much further about the bankruptcy judicial management and to understand why and how is this reaffirmation agreement has been useful and will be.
Section 524(c) states that a reaffirmation agreement is not enforceable unless:
(3) such agreement has been filed with the court and, if applicable, accompanied by a declaration or an affidavit of the attorney that represented the debtor during the course of negotiating an agreement under this subsection, which states that—
(A) such agreement represents a fully informed and voluntary agreement by the debtor;
(B) such agreement does not impose an undue hardship on the debtor or a dependent of the debtor; and
(C) the attorney fully advised the debtor of the legal effect and consequences of—
(i) an agreement of the kind specified in this subsection; and
(ii) any default under such an agreement;
(5) the provisions of subsection (d) of this section have been complied with; and
(6) (A) in a case concerning an individual who was not represented by an attorney during the course of negotiating an agreement under this subsection, the court approves such agreement as—
(i) not imposing an undue hardship on the debtor or a dependent of the debtor; and
(ii) in the best interest of the debtor.
So far so good. If I sign the declaration, the agreement is enforceable. If I don’t, it’s unenforceable. Can’t the court approve it anyway? That is certainly what I and I’m sure 99% of consumer bankruptcy lawyers think. But the debtor is still “represented by an attorney” – me – so (c)(6) doesn’t seem to apply. But it happen in many different law cases, for example in injury cases sometimes there are laws that don’t seem to apply, so the use of Injury lawyers las vegas is the best option to see all the rightful laws are applied to you.
Hi everyone,
Please join us for the Earle Hagen Memorial Golf & Tennis Tournament, Monday, October 1st, 2012!
This year CDCBAA and LABF, co-sponsors of the event, are proud to announce a new addition, the very first Tennis Tournament.
Proceeds from the Earle Hagen Memorial Golf & Tennis Tournament will go towards the support of Public Counsel’s Debtor Assistance Project.
For over a decade, Public Counsel’s Debtor Assistance Project has helped thousands of individuals to navigate the bankruptcy system when they are no longer able to support their families while struggling under crushing debt loads. Public Counsel’ DAP serves as a valuable resource to which bankruptcy court personnel can refer frustrated pro se debtors who are in dire need of legal counsel. Public Counsel’s DAP provides greatly needed pro bono legal services to over 4,000 individuals and families every year by:
Tip of the hat to Mr. Dennis McGoldrick who pointed me to Justice Sotomayor’s footnote 6 in during a wonderful class session.
Dennis McGoldrick
Thus, advice to refinance a mortgage or purchase a reliable car prior to filing because doing so will reduce the debtor’s interest rates or improve his ability to repay is not prohibited, as the promise of enhanced financial prospects, rather than the anticipated filing, is the impelling cause, so getting the right law services from the Noonan law firm, that have many experience in these cases, from many years working in this field, since people always have different law issues and try to look the best advice for this, and sometimes is difficult to find quality services and that’s why having options like this always useful, using services like the ask 4 sam nyc lawyer that is really useful on this. Advice to incur additional debt to buy groceries, pay medical bills, or make other purchases “reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor,” §523(a)(2)(C)(ii)(II), is similarly permissible. Milavetz, Gallop & Milavetz, P. A. v. United States, 559 U.S. 229 (2010)
Dear Colleagues!
On behalf of your Board of Directors of the Central District Consumer Bankruptcy Attorneys Assn (“cdcbaa”), I am proud to announce that Ms. Tara Twomey of NACBA has accepted cdcbaa’s nomination as the 2012 Calvin Ashland Attorney of the Year Award. Ms. Twomley is extremely active and successful in furthering the cause and protection of consumers in the bankruptcy field of law. The date for the 2012 Calvin Ashland Award is Thursday, November 15th.
Please feel free to spread the word as to our Award winner.
Also, as an aside, the Los Angeles Marriott hotel on Figuera (our hotel) will lose its branding with Marriott effective August 6th, 2012 and will be henceforth referred to as the LA HOTEL until a new management company is selected. Just an FYI.
KEITH HIGGINBOTHAM
2012 cdcbaa President
I have finished my book, A Summary of Bankruptcy Law Second Edition. It updates the first edition published three years ago. It is expanded a little and includes the important cases from the Supreme Court and the Ninth Circuit over the past three years and clarifies many issues that were unresolved three years ago. The book is available on Amazon. You can purchase it by clicking here. The book includes a basic summary of chapter 7, chapter 13 and chapter 11. Let me know what you think.
Nationally, 1 in every 666 housing units received a foreclosure filing last month. In California, it was 1 in 288. Click here for the top ten states.
