Household Size per Kathy Dockery

Household Size:   Our office has always followed the Economic Unit approach which is set forth in detail in the case of In re: Robinson 449 B.R. 473 (Bank. E.D. Va. 2011). This approach rejects the “heads on beds” and “dependency” approaches and is the most realistic perspective available. I have always believed that chapter 13 bankruptcy must be firmly rooted in reality to work successfully.

Aki Koyama

Notice of Available Chapters Form Change Effective 11/1/11

ATTENTION RE:  Notice of Available Chapters Form Change Effective 11/11

The court is receiving a high number of petitions with the incorrect Notice of Available Chapters reflecting old filing fees, which causes the court to issue deficiency notices for this document.

Please be aware that the correct form with revision date of 11/11 should be filed in order to avoid receiving a deficiency for this document.

Attorneys are encouraged to verify the correct forme is being used by their software proviers, as applicable.

Best regards,

ECF Help Desk (213) 894-2365

REMINDER RE: Master Mailing List (List of Creditors) and List of Creditors in Text (.txt) Format

ATTENTION ALL PETITION FILERS RE: REMINDER RE: Master Mailing List (List of Creditors) and List of Creditors in Text (.txt) Format

This is a reminder that when filing petitions electronically via the CM/ECF system, the Master Mailing List (List of Creditors) must be submitted as the last document to the petition PDF.  Omitting this document will cause a deficiency notice to be issued by the court.

In addition, the electronic version of the List of Creditors must be uploaded in Text (.txt) format as an additional step once the petition has been filed.  Omiting this step will cause a Notice of Dismissal of Case if Required Documents are not filed within 72 hours.

Thank you for your cooperation.

Best regards,

ECF Help Desk (213) 894-2365

9th Circuit Review with cdcbaa

The 9th Circuit Review yesterday with Judge Sandy Klein at Southwestern Law School was pretty successful.  The materials are attached here.   cdcbaa Presentation fin 1.21.12  I want to especially thank Judge Klein again for doing the program with me.  We had a huge turnout and everyone seemed to enjoy it.  Jon

FREE Debtors’ Rights Clinic

Bet Tzedek FREE Debtors’ Rights Clinic on Tuesday, February 7, 2012 — 2:00 p.m. in North Hollywood.

Topics will include bankruptcy, debt collection, credit reports, and judgment enforcement.

This clinic is FREE to L.A. County residents!

You must call to register, no walk-ins. (323) 939-0506 or (818) 769-0136

Bankruptcy Specialist Class

Wes Avery and I want to know who has interest in another 2 year specialist class.

If you are interested, please email me off list.  easky1@yahoo.com

The classes meet once a month, usually at the basement of Rockmore Pringle & Moore, the classes are just over one hour each.  We do one part of bankruptcy practice a month, reviewing a chapter per month of the Brian Blum book, “Bankruptcy and Debtor/Creditor.”  By the time you are done, you should be ready to take the bankruptcy specialist test.

For those of you who do not know us, we are both certified speicalists and this is the third time we are considering offering the course.

Thank you,

Dennis McGoldrick

E-Blast from ECF Support re Interruption in Pay.gov Service [January 21, 2012 and February 4, 2012]

EBLAST TO EXTERNAL USERS:

Pay.gov, the national electronic payment system used by the Court, will be undergoing a system upgrade that will require two interruptions in the capability of CM/ECF to accept payments.  CM/ECF users will not be able to make payments for fee documents on Saturday, January 21, 2012 from 3:00 PM to approximately 5:00 PM and again on February 4, 2012 from 3:00 PM to approximately 5:00 PM.  However, CM/ECF will be available during this period.  Payments for fee-related filings made during this interruption must be settled later in the day, or the CM/ECF user will be blocked from using CM/ECF.

We apologize for any inconvenience this may cause.  Should you have any questions, please contact the ECF Help Desk during normal business hours at (213) 894-2365.

Clerks’ Office: Top 20 Cases of Interest Filed in the Last 24 Months

Top 20 Cases of Interest Filed in the Last 24 Months

AVP Pro Beach Volleyball Tour, Inc.: LA-10-56761-BB, Chapter 11, Filed 10/29/10. Assets between $100,001-$500,000 and Liabilities between $1-$10 million. Hearing to disallow claims set for 1/11/12 at 11:00 a.m.

Bander Law Firm, LLP: LA-10-15066-AA, Chapter 7, Filed 2/12/10. Assets between $1-100 million and Liabilities between $500,001-$1 million. Notice of change of address of chapter 7 trustee filed on 11/28/11.

Crystal Cathedral Ministries, a California non-profit corporation: SA-10-24771-RK, Chapter 11, Filed 10/18/10. Assets and Liabilities $50-$100 million. Motion to set last day to file POC filed 9/20/2011, Order Approving Purchase and Sale Agreement between Karen S. Naylor, as Plan Agent; Crystal Cathedral Ministries and The Roman Catholic Bishop of Orange. Order Confirming Second Amended Plan.

Read more…

20th Annual Bankruptcy Battleground West

20th Annual Bankruptcy Battleground West

Hyatt Regency Century Plaza Los Angeles March 16, 2012

In its 20th year, ABI’s Bankruptcy Battleground West continues the tradition of bringing seasoned insolvency professionals together to discuss, debate and learn about leading issues of bankruptcy law. This year’s program offers concurrent sessions on commercial bankruptcy topics and a luncheon presentation on the growing number of interesting bankruptcy cases from the sports world.

American Bankruptcy Institute, 44 Canal Center Plaza, Suite 400, Alexandria, VA 22314 phone: (703) 739-0800 secure fax: 866-921-1027

Treatment of Taxes in Chapter 11 Plans

Has anybody succeeded in getting the IRS to agree to a term longer than 5 years from petition date? I’d like to speak with that person to enhance my negotiating skills as I haven’t been able to get the IRS to budge.

— Giovanni Orantes, Esq.

Hello Giovanni:
When I was at IRS, it was pretty well understood that you couldn’t agree to this treatment. A quick explanation of the bureaucracy is in order here: Most attorneys representing the IRS in bankruptcy court are from IRS Counsel: they work for the Department of the Treasury.  However, an executive order dating to Roosevelt says that only attorneys from the Justice Department may represent the IRS in federal courts except for Tax Court.  The government gets around this by deputizing IRS Counsel attorneys as “Special Assistant US Attorneys,” (or SAUSAs) who report to Justice on those particular cases.  SAUSAs generally spend about a quarter to half their time in bankruptcy court, the rest in Tax Court.  To get special treatment on a chapter 11 payoff, then, you need to approach the SAUSA.  That person needs to clear everything with a contact at the US Attorney’s Office (I used to have Bob Kwan review everything before he became a judge).

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