Bankruptcy Filings Down in 2011 in the Central District

Central   District of California
2008 2009 2010 % 2011
Jan 3,694 6,004 9,013 50% 10,868 21%
Feb 3,787 6,971 9,659 39% 10,631 10%
March 4,381 8,529 12,840 51% 13,543 5%
April 5,023 8,512 12,114 42% 12,087 0%
May 5,177 8,967 11,906 33% 11,669 -2%
June 5,351 9,595 12,190 27% 11,718 -4%
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% 9,000 -18%
64,889 107,082 139,169 30% 130,422 -6%
% total 0.059 0.075 0.089

PACER Fees Going Up From 8 cents per page to 10 cents

Conference Approves Fee Increase
In September 2011, the Judicial Conference of the United States authorized an increase in the Judiciary’s electronic public access fee in response to increasing costs for maintaining and enhancing the electronic public access system. The increase in the electronic public access (EPA) fee, from $.08 to $.10 per page, will take effect on April 1, 2012.  The change is needed to continue to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the Judiciary’s Case Management/Electronic Case Filing system.

The EPA fee has not been increased since 2005.  As mandated by Congress, the EPA program is funded entirely through user fees set by the Conference.

The Conference was mindful of the impact such an increase could have on other public entities and on public users accessing the system to obtain information on a particular case.  For this reason, local, state, and federal government agencies will be exempted from the increase for three years.  Moreover, PACER users who do not accrue charges of more than $15 in a quarterly billing cycle would not be charged a fee. (The current exemption is $10 per quarter.)  The expanded exemption means that 75 to 80 percent of all users will still pay no fees.

Circuit Court of Appeals Cases for the Week

United States First Circuit, 01/06/2012
DiVittorio v. HSBC Bank USA, NA, No. 11-1188 (dismissal of plaintiff’s truth-in-lending complaint for rescission affirmed where the complaint failed to state a claim under Mass law and, alternatively, because plaintiff knowingly and voluntarily waived any rights to rescission). 

United States Ninth Circuit, 01/06/2012
Vegas Diamond Properties, LLC v. FDIC, No. 10-56720 (appeal is dismissed as moot where the subject properties were sold prior to appeal).

Thanks to Findlaw.com

Corporate Bankruptcy Filing Update

U.S. Corporate Bankruptcy Filings Rose 5.6% In December.

NACTT Complimentary Membership to Students

Dear Professor,
 
The NACTT Academy is a non-profit educational organization with e-mail and a website, ConsiderChapter13.org, being the primary method for sharing of information.  The Academy is pleased to offer you and/or your students a complimentary membership.  To take advantage simply e-mail your name and e-mail address  to Regina.Logsdon@ConsiderChapter13.org.  Please share this information with your students.
 
Additionally, as a partner with the National Association of Chapter 13 Trustees, the NACTT Academy requests that you share the attached announcement with your bankruptcy students regarding an NACTT sponsored writing contest.  The award for the first place essay, article or comment on an issue concerning Chapter 13 is a $1,000 cash prize, publication of the article in the NACTT quarterly and free registration and lodging for the NACTT seminar in New Orleans, LA,  July 12-14, 2012.
 
Thank you in advance for your assistance in sharing this information with your bankruptcy students.
 
Prof. Michaela M. White
Editor & Advisor NACTT Academy

Brown Bag Seminar

Dear Colleagues!

Judge Tighe shall be conducting a Brown Bag Seminar on the topic of Self Represented Debtors. Judge Tighe is asking for cdcbaa’s participation in providing guidance and input to be able to forewarn potential debtors in the risks of attempting to filing their own cases and when it is appropriate to seek out the guidance of an attorney. Please mark your calendars for January 9th @ 12:00 in the Roybal Federal Building.

KEITH HIGGINBOTHAM 2012 cdcbaa President

See flyer here.

Chapter 13 Trustee Recommendations for Judge Klein Calendar

From Aki Koyama: 

The Trustee’s Recommendations for the 1/05/12 Judge Klein Calendar have been posted to latrustee.com.

New Procedure for Obtaining a Disclosure Statement Hearing from Judge Neiter

There is a new procedure for getting a Disclosure Statement hearing from Judge Neiter: You must first file the DS with the hearing date slot blank or “TBD by Court.”  When the Court receives the Judge’s Copy of the DS, Ms. Jones will call you to give you a hearing date.  Apparently, attorneys were calling to get hearing dates prior to filing their DS (previous procedure) and then would not serve the Court with a copy of the DS.

Los Angeles Bankruptcy Forum’s Joseph Bernfeld Distinguished Speaker Series Program

February 27, 2012

Save this date on your calendar so that you can be sure to attend the Los Angeles Bankruptcy Forum’s Joseph Bernfeld Distinguished Speaker Series Program:

WESTERN PIONEERS IN BANKRUPTCY PRACTICE

Featuring oral history excerpts from some of the leading practitioners in Los Angeles, including Barney Shapiro, George Treister and Ben Danning.

Presented by Hon. Randall J. Newsom (Ret.), U.S. Bankruptcy Court, N.D.C.A.

February 27, 2012  /  Doors open at 6:00 p.m.

Location:  The Mark for Events, 9320 West Pico Boulevard, Los Angeles

Federal Bar Association — Nuts and Bolts Program: Taking the Step to Federal Court

TAKING THE STEP TO FEDERAL COURT

January 21, 2012 Time: 8:30 a.m. – 12:30 p.m.

Registration: 8:00 a.m. – 8:30 a.m.

This “nuts and bolts” program is designed to aid both new admittees and attorneys with limited experience in federal court in the practical aspects of civil litigation in federal court.

Location: United States Courthouse 312 North Spring Street, Los Angeles

Please RSVP by January 13, 2012.

Federal Bar Association – Los Angeles Chapter 210 N. Glenoaks Blvd. Ste C Burbank, CA 91502 (818) 843-1020 fax: (818) 843-7423 www.fbala.org email: fbala@emaoffice.com