June 13, 2009
Circuit Court of Appeals Cases for Last Week
11th Circuit Court of Appeals, June 11, 2009
Ginsberg v. Evergreen Sec., Ltd., --- F.3d --- (11th Cir 2009)(order sanctioning counsel for one of the Debtor corporation's principals $371,000 and suspending him for five years affirmed - 56 page opinion)
June 12, 2009
9th Circuit Judicial Conference in Monterey July 20
I have not been to a federal Judicial Conference so this might be the time although I will have to wangle an invitation for myself. July 20-23 at the Hyatt Regency. You can access the information here.
June 10, 2009
Supreme Court Statistics for This Term
Scotusblog.com is really the best blog I know of. Its latest "statpack" is out giving us some great insight into the dealings of the court. Of the 64 cases decided so far, 12 have been affirmed, 51 reversed, and 1 affirmed "in part." Of the 11 9th Circuit cases, 10 reversals and 1 'affirmed in part. Kind of makes you a little paranoid. These stats can be accessed here. There have been 16 5-4 cases or 25% of the total. Anthony Kennedy was in the majority in 61 of the 64 cases decided so far. Who agreed with who can be accessed here and here. Roberts and Alito agreed with each other 92% of the time.
June 9, 2009
Sotomayor Hearings to Begin July 13
The flag is up! as Jim Healy used to say.
You can access the Senate Judiciary Committee website here. Judge Sotomayor's 173 page response to the "bipartisan questionnaire" can be accessed here. The 130 page appendix - a list of every case she has written an opinion on - is here. The unbelievable appendix including her various class syllabi from courses she has taught can be accessed here.
Central District of California Filings Up 6% in May
In May, 2009, the Central District saw 8,965 total filings compared to 8,398 in April, 8,518 in March, 6,967 in February and 5,999 in January. That is 38,970 for the first five months compared 22,562 for the same five months last year or a 73% increase.
Chapter 13s were 1,988 or 22% of total filings - same percentage as the last two month. That is 397 new petitions per trustee for the month.
There were 66 new chapter 11 petitions in May of which 26 were individuals.
This info can be found at the Bankruptcy Data Project.
June 8, 2009
Supreme Court Grants Cert on Debt Relief Agency Issue
The Supreme Court today granted cert in the case of Milavetz, Gallop & Milavetz v. U.S.A., 541 F.3d 785, (8th Cir. September 2008). There the 8th Circuit ruled
1. the debt relief agency (“DRA”) rules in the Bankruptcy Code apply to attorneys,
2. certain provisions of the DRA rules restricting speech by attorneys are unconstitutional. The rule in question prohibits attorneys from advising their clients to incur more debt before filing a petition.
3. the provisions of the DRA rules which require certain statements in advertising and in handouts required to be given to the prospective client are not unconstitutional.
The Supreme Court will consider only the first two questions next term.
Cert Petition for United Student Aid Funds v. Espinosa re res judiciata of Chapter 13 Plan
This is the 2008 opinion by Alex Kozinski that the chapter 13 plan is res judicata even when setting forth rights typically determined by adversary proceeding. In Espinosa, the plan provided that the student loan unpaid at the end of the plan period was discharged. The lender did not object to the plan and took the position (buttressed by recent BAP rulings) that the determination of dischargeability had to come from an adversary proceeding. Kozinski wrote, “It makes a mockery of the English language and common sense to say that Funds wasn’t given notice, or was somehow ambushed or taken advantage of.”
Tom Goldstein at Scotusblog.com has put this case on his list of possible grant of cert since it's pretty important and the circuits are widely split. The cert petition can be accessed here.
June 7, 2009
Circuit Court of Appeals Case from Last Week
10th Circuit Court of Appeals, June 03, 2009
Olah v. Baird, --- F.3d ---, 2009 WL ------- (10th Cir. 2009)(right to consent to settlement under Debtor's medical insurance policy is part of the estate, and the trustee has discretion to exercise or assign the policy)
Thanks to Findlaw.com
Chrysler Creditors Seek Stay From the Supreme Court
The Indiana Retirement Fund Application for an immediate stay directed to Justice Ginsberg can be accessed here. I assume she is looking at it right now. The 95 page appendix can be accessed here. Thanks again to scotusblog.com.