BankruptcyProf Blog

Review of Recent Developments - Financial Lawyers Conference

Financial Lawyers Conference
214 Main Street, #336, El Segundo, CA 90245 • (310) 322-1350 • Fax (310) 615-4581
FOR MORE INFORMATION: www.financiallawyers.org

BANKRUPTCY UPDATE

This meeting is jointly sponsored by The Financial Lawyers Conference and The Los Angeles County Bar Association Commercial Law and Bankruptcy Section, Bankruptcy Committee 

FLC's annual review of recent developments in bankruptcy law including discussion of significant judicial opinions from around the country.
 

Thursday, June 3, 2010

Register Online

Speakers: Jeffrey H. Davidson, Stutman, Treister & Glatt, P.C.
K. John Shaffer, Stutman, Treister & Glatt, P.C

  
Location:  The Omni Hotel
251 S. Olive Street
Los Angeles, California

Time:  6:00pm - 6:45 pm - Registration and Cocktails
6:45pm - 7:30 pm - Dinner
7:30pm - 8:30 pm - Program

Cost:  $70.00 FLC Members & LACBA Members
$85.00 Nonmembers
$40.00 Lawyers in Gov’t Svc.

New Article by Prof. Mark Scarberry on Mortgage Modifications in Chapter 13

An email from Prof. Mark Scarberry:

I’ve just posted this new article to SSRN. You can read the abstract (or even improve my download stats by downloading the full text!) at http://ssrn.com/abstract=1604144. It’s a continuation of the discussion/debate that Prof. Adam Levitin and I have been having over mortgage modification in chapter 13 and in particular over his empirical studies. (Thus he is the “Empiricist” in the title.) The article, and one by Professor Levitin to which it is a reply, will be coming out soon in the Pepperdine Law Review.  (A link to his article can be found in the abstract of mine on SSRN.) 

Best wishes,

Mark Scarberry
Pepperdine

Central District Filings

In March and April, 2010 combined, there were 305,000 total bankruptcy petition filed throughout the country.  Of that total, the Central District of California had 24,950 or about one-twelfth of the total.  The Central District is one of 95 districts.  The Central District has had 43,626 petitions filed this year through April compared to 30,016 for the same four months last year or up 45%.  No wonder I'm so tired. 

Bankruptcy Filings Continue to Increase

Statistics thanks to the Bankruptcy Data Project:

	2008	2009	%	2010	%
Jan	70,300	89,000	27%	102,600	15%
Feb	79,500	102,000	28%	117,800	15%
March	90,400	131,000	45%	159,200	22%
April	93,200	128,700	38%	146,200	14%
May	89,700	120,400	34%
June	89,900	124,800	39%
July	96,400	130,500	35%
Aug	94,300	120,000	27%
Sept	96,200	125,500	30%
Oct	108,900	130,200	20%
Nov	91,400	115,500	26%
Dec	95,900	117,000	22%
	1,096,100	1,434,600	31%

It's Elena Kagan

Read all about her on ScotusBlog.com.  Here is a nice summary of her life by the Washington Post. 

Chapter 7 Hot Topics Program - May 22, 2010

CENTRAL DISTRICT CONSUMER BANKRUPTCY ATTORNEYS ASSOCIATION
 
GENERAL MEMBERSHIP ASSSEMBLY
May 22, 2010 at 10:15 a.m.
 
Southwestern Law School
3050 Wilshire Blvd., Room W329
3rd Floor in the Westmoreland Building
Los Angeles, CA 90010
 
MCLE Program 11:00 a.m. – 1:00 p.m.  Total Hours: 2 hours  
 
"Ch7 hot topics: Means Test, Audits, Conversions/Dismissals Reaffs, Redemptions, Asset Abandonment, Lien Avoidace (522 & 506) and Reopening for Resolving post-discharge matters"
 
Speakers:
Peter Lively, Esq.
Keith Higginbotham, Esq.
 
Frank Cadigan Jr., Esq.
Assistant United States Trustee, Santa Ana Office
 
Michael Hauser, Esq.
Staff Attorney, Office of the United States Trustee, Santa Ana 
 
Cost: Free to cdcbaa Members
Non-Members: $210 (which includes one year membership in cdcbaa, admission to the Annual Calvin Ashland Awards Dinner and at least four more free MCLE Programs this year)
   
 
UPCOMING EVENTS:
   
June 11, 2010    Earle Hagen Memorial Golf Tournament
    California Country Club 
    1509 South Workman Mill Road, 
    Whittier, CA 90601
    *please register at www.ehmgt.com   
 
June 19, 2010    MCLE Program
(Topic and speakers to be announced later) 
 
November 4, 2010     Calvin Ashland Awards Dinner
The Marriott Hotel
333 South Figueroa Street,
Los Angeles, CA 90071 

Circuit Court of Appeals Cases from Last Week

1st Circuit Court of Appeals, April 21, 2010
In re Sherman, --- F.3d ---, 2010 WL ----------- (1st Cir. 2010)($983,000 debt non-dischargeable as embezzlement, bankruptcy judge did not make an express finding that debtor knew the action being taken was unauthorized, but judge's conclusion leaves no doubt that he did so find)

1st Circuit Court of Appeals, April 30, 2010
In re Hundley, --- F.3d ---, 2010 WL ----------- (1st Cir. 2010)(question of whether a non-debtor spouse is entitled to a portion of a prepetition tax refund, where the parties filed a joint return and the non-debtor spouse earned no income for the tax year for which the return was filed, is certified to the Massachusetts Supreme Judicial Court)

Thanks to Findlaw.com