9th Circuit Appellate Practice Guide

This is really nice!  Written by the 9th Circuit to help people get through the appellate system.  You can access the guide here.  Print it out.  Save it on your desktop.

By the way, the BAP has a nice guide also called the Litigant’s Manual.  You can access that here.

M. Jonathan Hayes*
Simon Resnik Hayes LLP
jhayes@srhlawfirm.com
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
(818) 783-6251
(818) 783-6253 fax

*Certified Bankruptcy Specialist, California Bar Association, Board of Legal Specialization
www.srhlawfirm.com
www.centraldistrictinsider.com

California Foreclosures Down ….but Numbers May Be Misleading

For three straight quarters, California foreclosure starts remain little changed, hovering at a level last seen in early 2006. According to a market study released by DataQuick, steady economic growth and higher home values are responsible for the steady pace of new foreclosures.

Lenders and servicers in the first quarter of 2014 recorded roughly 19,000 notices of default on California house and condo owners, up 6 percent from the previous quarter.

Compared to peak numbers of roughly 135,000 in Q1 2009, foreclosure starts have dropped significantly over the intervening years. However, DataQuick posits that the numbers could be misleading.

“It may well be that the foreclosure starts in recent quarters don’t reflect the ebb and flow of financial distress as much as they reflect a steady state of workload capacity on the part of the servicers. They may well be just working their way through a backlog, stacks of paper piled high on desks,” said John Karevoll, DataQuick analyst.

This year’s first quarter was the first to see a year-over-year increase in default filings since 2009, but that gain can be attributed to new laws in California, known as the “Homeowner Bill of Rights” which took effect in January and February of last year. The laws caused lenders and services to pause, artificially decreasing notices sent to homeowners and pushing foreclosure start numbers downward.

DataQuick points out that most of the loans in California going into default are still from the 2005-2007 period. The median origination quarter reported by the company for defaulted loans is still the third quarter of 2006, noting that weak underwriting standards peaked in that period of time.

California homeowners were a median 9.8 months behind on their payments when the lender filed the notice of default. Borrowers owed a median $22,538 on a median $301,732 mortgage. There are lower numbers with the foreclosure bridging loans, this Bridging Loans for Property Development can be access by both individuals and companies to meet certain obligations. Bridge loans are usually arranged within a short time and with little documentation, they are mainly used in real estate to retrieve property from foreclosure or to close on a property quickly.

The most active companies in the foreclosure process last quarter were Wells Fargo (2,834), Bank of America (1,637), and Nationstar (1,282).

“The trustees who pursued the highest number of defaults last quarter were Quality Loan Service Corp (for Wells Fargo and others), MTC Financial (Bank of America, Greentree, JP Morgan Chase) and Western Progressive (OCWEN and Deutsche Bank),” DataQuick said.

9th Circuit Gets New Court of Appeals Judge – John Owens

New 9th Circuit Judge John Owens is being invested into his new job today in San Diego.  My son Hunter is going to clerk for him for a year beginning September, 2014.  The announcement of his appointment is here.    The position has been open since 2004 – our great Congress at work again.

CM/ECF Server Maintenance

ATTENTION EXTERNAL USERS:

On Sunday, May 4, 2014 from 8:00 AM to 12:00 Noon, the Court will be performing CM/ECF server maintenance related to a national upgrade. During this scheduled maintenance period, the following electronic systems will not be available:

CM/ECF
Lodge Order Upload (LOU)
PACER

We apologize for any inconvenience this may cause.

Regards

ECF Help Desk

Stutman Treister & Glatt to Close May 1, 2014

I had heard this was going to happen a month or so ago but I’m still greatly saddened to find it’s true.  I took a class at Loyola Law School in the mid-70s taught by Jack Stutman and Herman Glatt.  That class is a big reason why I am a bankruptcy attorney today.  I loved those guys.  I took a bankruptcy class from George Treister at USC in the mid-80s.  He is living in Oregon today.  Herman Glatt died a month or two ago.  They were great guys.   The news can be found here and here.

Judge Klein’s Chapter 13 Confirmation Calendar

The Trustee’s Recommendations for Judge Klein’s 4/24/14 Confirmation Calendar have been posted to www.latrustee.com.

Zip Codes for Some Cases Assigned to San Fernando Valley are Changing to Santa Barbara

Effective May 10, 2014

Some San Fernando Valley Division Zip Codes Will Move to the Northern Division
Zip codes for the cities of Simi Valley, Thousand Oaks, Westlake Village, Newbury Park, and Malibu, previously used to determine case filings assignments for the San Fernando Valley Division, are reassigned to the Northern Division, regardless of whether cities or zip codes are in Los Angeles County or Ventura County. The zip codes include: 90263, 90264, 90265, 91319, 91320, 91358, 91359, 91360, 91361, 91362, 93062, 93063, 93064, 93065, 93094, and 93099.

The entire notice including the cases reassigned by the movement of Judge Saltzman from Riverside to downtown and Judge Carroll from downtown to Santa Barbara can be accessed here.  

Debt Collection Tricks Exposed By the Courts

Nice post by Christine Wilton on a new case slapping around debt collectors for trying to collect “time barred” debts.  The post is here.  

4/29/2014 – San Fernando Valley Bar Association – Section 523(a)(4) Bullock Update Program

In Bullock v. BankChampaign, N.A., 133 S. Ct. 1754 (2013), the Supreme Court resolved a split among the circuits concerning whether a “culpable state of mind” was required in order to come within the “defalcation” exception of § 523(a)(4) and whether such a state of mind was required in order to fall within the exception.

The San Fernando Valley Bar Association is presenting a panel discussion on §523(a)(4) and an update on the Supreme Court’s opinion in Bullock. You are invited to sign up and to attend the panel discussion.

As always, the discussion will be enlightening and informative.  One judge sitting at the Woodland Hills Bankruptcy Court has committed to attending the program, subject to unexpected calendar issues.

Here are the particulars for the program:

San Fernando Valley Bar Association
Attention: Linda Temkin
5567 Reseda Blvd., Ste 200
Tarzana, CA 91356
(101 Freeway at Reseda Blvd.)
Telephone (818) 227-0490 ext.105
Facsimile (818) 227-0499
E-mail: events@sfvba.org

Read more…

Be Careful with Unapproved Stipulations re the Chapter 7 Discharge

The BAP has ruled in the unpublished case of RAED YAHIA ALAZZEH, filed April 11, 2014, that an agreement between the parties to extend the deadline to file a complaint seeking to deny the discharge under Section 727 does not extend the deadline unless it is approved by the Court.   FRBP 4004(b) provides that the deadline can be extended by the Court for cause.  Since the court did not extend the deadline, the complaint was late and dismissed (more than a year later!) even though it was filed within the extension time (which was only a week).