| 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% | ||
| 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 |
Filings in June Central District Down a Whopping 30% from Last year
Filings Down Again in June, 2012
| 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% | ||
| 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% |
Chapter 13 Plan Addendum Appears to be Moot According to the Court?
Good morning,
Consumer Bankruptcy attorney’s are well aware of the Addendum, the local form attached to the Chapter 13 Plan. And as we all know, there have been several years of litigation regarding the form, much of it spearheaded and defended by the law firm of Borowitz and Clark.
Well please see below from the Court’s Web Page. The use of the Addendum now appears to be moot according to the Court.
|
F 3015-1.1.ADDENDUM |
Addendum to Chapter 13 Plan Concerning Debtors Who are Repaying Debt Secured by a Mortgage on Real Property or a Lien on Personal Property the Debtor Occupies as the Debtor’s Principal Residence (Optional) |
David Brian Lally, Esq.
Law Office of David B. Lally
FYI, that is exactly what Judge Kaufman told me in court a couple of weeks ago. Although, she added that Debtors can still use the Real Property Addendum if they wish. Our office will definitely continue to attach it to all Chp. 13 Plans for Debtors who own real property.
-RDM
Central District Needs Mediators
I recently received a letter from Judge Barry Russell, as did everyone else on the mediation panel I assume, asking for help in increasing the Central District Mediation Panel. They had a high of 252 mediators but are down now to 173. For attorneys reviewing this post, I highly recommend joining the panel. You have to have practiced for 5 years I believe and complete a 30 hour training program at Pepperdine but I found the program very beneficial to my practice. Once you are on the panel, I believe you commit to do one no-charge, half-day mediation per quarter. If you are interested in joining the panel check out the information on the bankruptcy court website under mediation.
New Opinion by Judge Neil Bason on In Rem Relief
From the findings of fact:
“Based on the foregoing, this case is consistent with the pattern in so-called “hijacked” or “dumping” cases — i.e., cases in which a transferor of property, acting without the debtor’s participation or acquiescence, seeks to implicate the automatic stay for the transferor’s own benefit by purporting to transfer property into a random bankruptcy estate, or by back-dating or falsifying a grant deed to make it appear that such a transfer has occurred.”
The holding:
“Based on the foregoing facts, although it is not appropriate to find that Debtor participated in the scheme, it is appropriate to grant relief of the type set forth in 11 U.S.C. §362(d)(4) (“in rem” relief), …”
As they say, read the whole thing.
Hale Antico
Woolly Wipes Out; Town of Mammoth Lakes follows Stockton into Chapter 9
On July 3, 2012 the Town of Mammoth Lakes filed its anticipated Chapter 9 petition. Unlike other municipal bankruptcies triggered by employee related liabilities, Mammoth’s problem is a $43 million judgment held by Mammoth Lakes Land Acquisition arising from a breached development agreement for land near the Mammoth airport. Debtor’s papers also cite the dry 2011/2012 winter as an additional financial pressure leading to the need for Chapter 9 relief. CALPERS, the largest U.S. pension fund, is the second largest unsecured creditor owed $4.2 million. Debtor filed a chapter 9 disclosure statement and plan concurrently with its petition and seeks to create a trust funded with Contributed Real Estate that will be liquidated and treat the MLLA claim as a general unsecured claim projected to receive 5% to 12% on its Allowed Claim. The petition, disclosure statement and plan are available here: http://db.tt/PJ5muS2F.
Debtor’s counsel is Kenneth Klee and Michael Tuchin of Klee, Tuchin, Bodganoff and Stern, LLP and Zack Clement of Fulbright & Jaworski, LLP. MLLA is represented by Quinn Emanuel Urquhart & Sullivan LLP. The case was assigned by Ninth Circuit Chief Judge Kozinski to Bankruptcy Judge Thomas C. Holman of the US Bankruptcy Court, Eastern District of California and is pending as case number 12-32463.
Beverly Hills Bar Assn Bankruptcy Meeting
Wednesday, July 25, 2012
Taxation within Bankruptcy: How Tax Law Affects Bankruptcy
Noon – BHBA Conference Center
Sponsored by Hochman Salkin Rettig Toscher & Perez
Student Loan Victory
Last week I had my very first trial and we won, discharging student loans!
http://www.prweb.com/releases/2012/6/prweb9652894.htm
— Christine A. Wilton, Esq. Law Office of Christine A. Wilton
Supreme Court Stat Pack
Here are fascinating facts about the Supreme Court this last term. Here is a five-page summary. Both of these can be found on the Scotusblog.
First Hearing on Stockton Bankruptcy
| City of Stockton – Bankruptcy |
| Hearing set for July 6, 2012, at 10:00 AM in the Sacramento Federal Courthouse, Courtroom 28, regarding Debtor’s: |
- Motion/Application for an Order Directing and Approving Form of Notice; and to Set Deadlines for Filing Objections to Petition [OHS-2]
- Motion/Application to Limit Notice; and to Permit Debtor to Establish and Maintain a Publicy-Available Internet-Accessed Website in Lieu of Notice to Certain Parties [OHS-3]
- Motion/Application for Leave to Introduce Evidence Relating to Neutral Evaluation Process Under Government Code Section 53760.3(q) [OHS-4]
M. Jonathan Hayes Books
Publisher
Senior Contributor
Contributors
