July 3, 2008
Circuit Court of Appeals Cases for Last Week
3rd Circuit Court of Appeals, June 24, 2008
In re Mansaray-Ruffin, --- F. 3d ---, 2008 WL 2498048 (3rd Cir. 2008)(Chapter 13 plan did not invalidate lien, adversary proceeding required)
4th Circuit Court of Appeals, June 25, 2008
Tidewater Fin. Co. v. Kenney, --- F. 3d ---, 2008 WL 2514194 (4th Cir. 2008)(surrender of vehicle creates deficiency which must be provided for in chapter 13 plan)
6th Circuit Court of Appeals, June 26, 2008
Chase Manhattan Mortgage Corp. v. Shapiro, --- F. 3d --- (3rd Cir. 2008)(denial of preference action reversed)
9th Circuit Court of Appeals, June 24, 2008
Espinosa v. United Student Aid Funds, Inc., --- F. 3d ---, 2008 WL 2498108 (3rd Cir. 2008)(treatment of student loan in chapter 13 case)
9th Circuit Court of Appeals, June 25, 2008
Cent. Valley AG Enters. v. US, --- F. 3d ---, 2008 WL 2513055 (3rd Cir. 2008)(District Court has jurisdiction over tax treatment issues)
July 1, 2008
National Association of Chapter 13 Trustees "NACTT" Annual Meeting in San Francisco July 9 - 12, 2008
The National Association of Chapter 13 Trustees is holding its Annual Meeting next week in San Francisco. The brochure is attached here.
Tennessee Bans Credit Card Solicitation on Campus
Thanks to Prof. Katie Porter post on Credit Slips for this information. Tennessee has passed a law banning credit card solicitation on college campuses or using school facilities or student organization to solicit for credit cards or from offering gifts or other promotional incentives on campus at least. Prof. Porter expects the credit industry to fight this in court, probably arguing that the federal government regulates banks, not Tenn. The new statute can be found here.
June 30, 2008
Program with Justice Alito at Pepperdine July 30, 2008
Pepperdine Law School is holding its "The Second Conversation on the Law of the Constitution" with Justice Alito on July 30, 2008 at the Malibu campus from 5:30 pm.m to 7:00 p.m. Other speakers include Kenneth Starr, Dean of the Law School. Its only $50 for practicing attorneys, $20 for Pepperdine alums, and free to law students and the judiciary. The information is here.
City of Vallejo Seeks to Cancel Union Contracts under the Bankruptcy Code
The City of Vallejo has filed a motion seeking to reject or terminate its four union contracts. The motion can be found here. The hearing is set for July 22, 2008. The city has 407 employees, the bulk of whom belong to one of the unions. It has an annual budget of $87 million of which 76% is labor costs. The reason for the chapter 9 filing according to the motion, "general fund revenues cannot keep up with expenditures." According to the city, it has cut expenditures everywhere else that is legal. It now projects that the bulk of future increases in spending will be in labor and related costs which it maintains are already at top of the market levels, at least for police and fire, and are already beyond the ability of the city to pay.
The motion argues that Section 1113 relating to rejection of union contracts does not apply to chapter 9 cases. That would make sense, especially under the recent Florida v. Piccadilly case, since Section 1113 is located in the chapter 11 part of the code and not in chapter 9.
June 29, 2008
Supreme Court Super StatPack From Scotusblog.com
Here are the final statistics for this Supreme Court term. Scotusblog.com is such a great website! The 67 total "merits opinions" were the lowest total for a term since 1953-54.