July 16, 2011
Unclaimed Funds Database Available on the Court's Website
Please let the world know about this via your Blog!
Hon. Scott C. Clarkson
United States Bankruptcy Judge
Ronald Reagan Federal Building and Courthouse
----- Forwarded by Scott Clarkson/CACB/09/USCOURTS on 07/13/2011 04:10 PM -----
Date: 07/13/2011 11:18 AM
Subject: Unclaimed Funds Database Available on The Court's Web Site
Today, we are unveiling a web page with a search feature for the Court's Unclaimed Funds. This project has been a long term goal of the court and due to the hard work of the Finance and I.T. staff, I am pleased to announce its debut. As many of you may know, Unclaimed Funds are monies deposited with the court that have gone unclaimed by creditors or debtors in bankruptcy cases; mostly in Chapter 7 asset cases, but also some in Ch. 13 and Ch. 11 cases. The Treasury held account has a balance of over $19 million: Just over $3 million is from cases closed within the last 5 years.
The intent of having this database available is to allow individuals or companies that may have money due to them, the ability to complete the research themselves. The site has instructions to make it easier for them to submit a Motion for the Order Releasing Unclaimed Funds (Form F3011-1) on their own, instead of hiring a locating company. The form and instructions are in pdf format and can easily be downloaded from the site.
Just about half of the nation's bankruptcy courts have some information regarding unclaimed funds on their web sites. About 85% of those, have a searchable database. As the largest BK court in the country, providing information on Unclaimed Funds and having access to a searchable database is a great public service and long overdue. Now, when you get inquiries about any unclaimed funds, you can refer them to the page, which can be located by selecting Information-->Unclaimed Funds Search under the Case column or click here. With this new web page, we can assist the public much more efficiently and help creditors or debtors find their unclaimed funds.
A special thank you to Windsor Akim, Olga LaChapelle, and Harrison Quan for their dedication to the project. You may contact me for any questions or comments at 213-894-0999.
Financial Services Department
United States Bankruptcy Court, Central District of California
July 14, 2011
Notes from Counsel for the Chapter 13 Trustee
From Aki Koyama's Facebook page:
If a motion to avoid lien has been granted by the Judge, both Judge Donovan and Judge Klein now require the order granting the motion to be entered before the plan will be ordered confirmed. Please make sure to get the orders uploaded as soon as the motion has been granted.
Neither Judge Donovan nor Judge Klein have an advisory opinion on the issue of whether or not the automatic stay exists as to the bankruptcy estate for the 2nd filing for the debtor within a one year period. Please read In re: Reswick and In re: Rinard to understand this issue in greater detail.
Judge Donovan will be moving to one chapter 13 calendar a month to hear all confirmation hearings and Trustee's Motions. He will set motions to avoid liens and other miscellaneous chapter 13 motions on other days of the month. All August 11, 2011 confirmation hearings and Trustee motions will be rescheduled to the August 25, 2011 date. Please keep an eye out for the notices of rescheduled hearings.
Both Judge Donovan and Judge Klein will not dismiss a case sua sponte for failure to obtain credit counseling or obtain credit counseling on a timely basis. Judge Klein may dismiss a case on this basis but only if a party requests dismissal and the Judge has had an adequate opportunity to review the evidence.
July 13, 2011
Webinar on the Supreme Court
Join Supreme Court expert Lyle Denniston for this upcoming CLE conference.
Join us online on Tuesday, August 9 at 1:00PM ET for SCOTUS Annual Term Update: Recent Decisions You Need To Know
Key issues that will be discussed:
** Overview of recent SCOTUS decisions and how they impact you
** Which Supreme Court decisions affect Employment Law practice
** Effect the Wal-Mart ruling will have on employer s employment policies
** Other constitutional cases affecting video games, child vaccines and more
** Controversial issues: US Military funeral protests & generic drug warnings
Register or view the complete agenda
Two ways to Register:
or By phone 1-888-669-6067 Use priority code: 207995
Injured Giants Fan to Play Role in Dodgers Bankruptcy.
"Bryan Stow, the San Francisco Giants fan brutally assaulted outside Dodger Stadium on Opening Day, will play a role in the Los Angeles Dodgers’ pending bankruptcy case.
Representatives of Stow, who suffered brain damage in the attack, were named Wednesday to serve on the influential unsecured creditors committee in the Dodgers’ Chapter 11 case, along with the Major League Baseball Players Association and three trade creditors."
July 12, 2011
LAW CLERK, EXTERN AND IEBF RECEPTION
To my Colleagues that practice in Riverside:
A college of lawyers and others dedicated to the study of bankruptcy and insolvency
PLEASE JOIN US FOR HORS D'OEUVRES WITH THE LAW CLERKS AND EXTERNS FROM THE UNITED STATES BANKRUPTCY COURT (RIVERSIDE DIVISION), OFFICE OF THE UNITED STATES TRUSTEE AND ROD DANIELSON, CHAPTER 13 TRUSTEE. PLEASE TAKE THIS OPPORTUNITY TO MEET THE PEOPLE WHO ARE WORKING UP YOUR PLEADINGS AND FOR THE LAW CLERKS AND EXTERNS TO NETWORK!
Tuesday, July 19, 2011
No Host Cocktails and Light Hors D'Oeuvres beginning at 6:00 p.m.
The Mission Inn
3649 Mission Inn Avenue, Riverside, CA
There is no charge for this event!
Hors D'oeuvres will be provided,
but please register by July 15 so we can know how many people to expect.
To register, email info@IEBF.org,
or complete and return the reservation form to:
The Inland Empire Bankruptcy Forum
6789 Quail Hill Parkway, #204, Irvine, California 92603
Contact the IEBF at (951) 479-3585 or info@IEBF.org.
KEITH ALAN HIGGINBOTHAM
2011 cdcbaa President
July 11, 2011
David Bergstein Grilled for Three Hours in U.S. Trustee's Office
"Looking uncomfortable during three intense hours of grilling Thursday at a second creditors hearing in the U.S. Trustee's office in downtown Los Angeles, beleaguered financier David Bergstein said he didn't know, didn't remember or didn't have the resources to answer questions about the affairs and assets of the five movie companies he ran, including Capitol and Thinkfilm, which were forced into involuntary bankruptcy earlier this year.
However, when asked by Leonard Gumport, the attorney for court-appointed bankruptcy trustee Ronald Durkin, if it was not a fact that he backdated a contract by more than a year to make it appear his business partner Ronald Tutor had sold his interests in the movie business to him for $10 prior to the bankruptcy action, Bergstein defiantly and repeatedly said, "No," it was not true.
Gumport hammered away charging the document showing the sale of a holding company called R2D2 was actually created around May 2010. Bergstein said he couldn't remember exactly when he signed that agreement, but that it was some time in the first or second quarter of 2009. The involuntary bankruptcy case began in March 2010."
Court Ruling Sharply Narrows Severstal's Clean Up Liabilities
"In a little-noted court decision with potentially long-term local consequences, a federal judge has ruled that Severstal Sparrows Point LLC is not liable for the pollution that occurred at the Point before the bankruptcy court approved the sale of the former Bethlehem Steel Corp. plant to the Russian-owned steelmaker.
The U.S. District Court did require Severstal to undertake a sediment study of offshore pollution in the immediate area around the Sparrows Point plant, so the former owner of Sparrows Point may not be completely off the hook. The decision was signed by United States District Court for the District of Maryland Judge J. Frederick Motz on July 5."
Atl.-area gym owner files bankruptcy, blames NFL lockout
"David Irons Sr., a former Detroit Lion who typically spends his days training professional athletes at his Atlanta-area sports facility, is instead dealing with the fallout of the long-running NFL lockout. Irons, who is also the father of Auburn University standouts Kenny and David Irons Jr., has filed for Chapter 11 protection for his gym, Georgia Training Alliance Inc., to snag more time to hold off creditors until the lockout is over, reports the Wall Street Journal."