November 8, 2008
Circuit Court of Appeals Cases from Last Week
2nd Circuit Court of Appeals, October 20, 2008
In re Peaslee, --- F.3d ---, 2008 WL ----- (2nd Cir 2008)(Court of Appeals certifies to New York state court question of whether negative equity on a trade-vehicle is included in the purchase money security acompanying a new car's purchase and is therefore protected from cramdown by Section 1325)
7th Circuit Court of Appeals, October 20, 2008
In re Kreisler, --- F.3d ---, 2008 WL ----- (7th Cir 2008)(equitable subordination of claim is reversed where, even if debtors' action amounted to misconduct, the other creditors of the estate were not harmed)
2nd Circuit Court of Appeals, October 29, 2008
In re U.S. Wireless Data, Inc., --- F.3d ---, 2008 WL ----- (2nd Cir 2008)("unsecured claim" disallowed where claim repreated a previously resolved "cure claim")
7th Circuit Court of Appeals, October 29, 2008
In re Airadigm Communications, Inc., --- F.3d ---, 2008 WL ----- (7th Cir 2008)(FCC had a right to interest as oversecured)
8th Circuit Court of Appeals, October 27, 2008
In re Frederickson, --- F.3d ---, 2008 WL ----- (8th Cir 2008)(above-median Chapter 13 debtor's plan must extend for five years even though the debtor has a negative "disposable income")
Thanks again to Findlaw.com
November 7, 2008
National Bankruptcy Archives at Penn
The University of Pennsylvania, "Penn," has a National Bankruptcy Archives. The website can be acessed here. The blurb on the website says:
In October 2000 the Biddle Law Library and the American College of Bankruptcy collaborated to create a special collection entitled the National Bankruptcy Archives (NBA), a national repository of materials relating to the history of debtor-creditor relations, bankruptcy and the reorganization of debt. The NBA collects records from the American College of Bankruptcy as well as from other organizations whose activities have been relevant to the history of bankruptcy and insolvency legislation, regulation, and administrative and judicial determination. The NBA also houses papers of individuals who have influenced the field, and other collections documenting the history of bankruptcy law.
November 5, 2008
Congratulations to Barack Obama
I assume Martin Luther King is looking down right now saying "Progress! This is a good step." And it is. I voted for Obama and now I just hope he is up to it. I have never been to an inauguration but I was so moved last night listening to Obama speak that I have decided to go - brave the winter and the crowds. I'm not getting any younger you know. Jon Hayes
November 4, 2008
State Bar Public Law Journal Student Writing Competition
On behalf of the editor of the State Bar of California's Public Law Journal, Stephen Deitsch, the Public Law Section would like to invite your students to participate in our annual law student writing competition. Details of the competition are included in the flyer here.
The deadline for entries is February 2, 2009. The winning paper will be published in the Public Law Journal and the winning author will receive a $1,000 cash prize.
Would you please distribute the attached flyer to appropriate professors/counselors, hand out to interested students and/or post in a prominent location on the law school campus? If possible, we would also appreciate it if you would announce this opportunity to your students via email.
Thank you for your assistance. If you have any questions regarding the competition, feel free to contact me via email or phone. The Public Law Section looks forward to receiving many well written
articles from your students.
Lisa C. Macias
Best Best & Krieger LLP
Bankruptcy Filings Increase Again
Total Bankruptcy filings for October was 108,595 or an 8% increase over last month and 33% increase over October, 2007. At that rate, total filings for the 4th Quarter will be about 326,000 or an annual rate of 1.3 million. That amount would exceed the total in 1999 and 2000. 2001 through 2004 exceeded 1.5 million each year (1,492,000 in 2001) and of course the bump in 2005 of 2,078,000.
November 3, 2008
Consumer Bankruptcy Attorneys Newsletter - cdcbaa
This is the last newsletter for 2008 of the Central District Consumer Bankruptcy Attorneys cdcbaa in the Central District of California. We are 160 or so attorneys strong. We are having our annual dinner this Thursday at the Marriott Hotel downtown honoring Judge Geraldine Mund.
November 2, 2008
Circuit Court of Appeals Cases from Last Week
2nd Circuit Court of Appeals, October 14, 2008
Browning v. MCI, Inc., --- F.3d ---, 2008 WL ------ (2nd Cir. 2008)(state claims against defendant-MCI are pre-petition claims that were discharged by confirmation plan)
3rd Circuit Court of Appeals, October 16, 2008
In re Mystic Tank Lines Corp., --- F.3d ---, 2008 WL ------ (3rd Cir. 2008)(state government's claim against debtor for damages for cleanup of contamination at a gas station affirmed where: 1) the claim was subject to the police-power exception to the automatic stay; and 2) state court had jurisdiction to enter a default judgment against debtor, notwithstanding that the state had already brought a related claim before the bankruptcy court)
5th Circuit Court of Appeals, October 13, 2008
Campbell v. Countrywide Home Loans Inc., --- F.3d ---, 2008 WL ------ (5th Cir. 2008)(Countrywide did not violate automatic stay in chapter 13 case, Countrywide's proof of claim was proper)(Revised opinion)
Thanks to Findlaw.com