May 8, 2008
33rd Annual Meeting of the Supreme Court Historical Society
The Supreme Court Historical Society will hold its 33rd Annual meeting and Dinner on June 2, 2008 at the Supreme Court Building. The meeting includes a tour of the building and later a lecture by Justice Alito. There is a reception at 7:00 p.m. and a black tie dinner at 8:00 p.m. in The Great Hall.
For information, go to the society website at www.supremecourthistory.org.
Comment on Weigand re Commitment Period for Self-Employed Person
I read Weigand, and understand Judge Jury’s analysis. Strict statutory construction controls.
While I understand Judge Jury’s analysis, I felt completely let down by the BAP's conclusion that it was acceptable to treat sole proprietors differently from wage earners. I found lacking the statement that “It may be that Congress simply did not want those persons generating significant revenues through a business to have access to three-year chapter 13 plans.” Is this justification for discrimination under the law?
Raymond H. Aver, Esquire
Interview with Justice Scalia on his new Book
Here is the transcript of a very entertaining recent interview of Justice Scalia by Brian Lamb of C-SPAN discussing his new book, Making Your Case. Now if I could find where to get one of those bobbleheads.
May 7, 2008
Is It "Above-Median" or "Over-Median"? "Below-Median" or "Under-Median"?
I find myself switching back and forth when I make comments about some of the new BAPCPA provisions. So I did a google search-analysis-study with " at each end and here are my official findings"
"Above-Median" - 476,000 hits; "Over-Median" -13,200 hits;
"Below-Median" - 475,000 hits; "Under-Median" - 4,450 hits
The code uses "greater than the median" without hyphens by the way.
May 6, 2008
April 2008 Filings
April 2008 saw 93,096 petitions filed in the United States. This up from 90,288 in March, 2008 and up from 67,787 in April of 2007. The total for the first four months of 08 is 333,051 compared to 254,799 for the four months in 2007 or a 31% increase. According to Bob Lawless on Credit Slips, the April filings are actually sightly down from March because there was one more "filing day" in April.
Looking at just the past three months, Feb - April, the total of 272,772 is still lower than any quarter since March, 1996.
May 4, 2008
Update on Marrama: Post-Supreme Court Goings-On
I took a gander at the docket on Robert Marrama today wondering what had happened since the Supreme Court ruled last year that he did not have an absolute right to convert his case to chapter 13.
On October 23, 2007 the chapter 7 trustee filed his final report advising the court that he collected some $269,000, gave $150,000 of that to a secured creditor, $9,000 to an auctioneer, and after some other expenses, there was $107,000 left. Those funds of course will go entirely to the trustee, his counsel and his accountant who, in fact, had to take a haircut on their fees to the tune of about half.
The debtor's discharge is unclear. There is an order entered on November 13, 2007 granting the discharge. But there is also an Order entered on April 28, 2004 granting Citizens Bank's MSJ in its adversary proceeding seeking denial of the discharge. The trustee also filed a 727 complaint but later dismissed it when the Citizen's order became final.