Monday, November 14, 2011
Catholic diocese ups offer for Crystal Cathedral
"A Southern California Roman Catholic diocese has increased its offer for the Crystal Cathedral to $57.5 million.
An attorney for the Diocese of Orange revealed the new offer at a federal bankruptcy court hearing Monday in Santa Ana, Calif. Its previous offer was $55.4 million."
Friday, November 11, 2011
Minn. firm takes control of 2 NW Indiana casinos
"A Minnesota-based investment firm has taken over two northwestern Indiana casinos owned by a company going through bankruptcy reorganization.
The Indiana Gaming Commission on Thursday approved the transfer of licenses for the Majestic Star Casinos in Gary to Wayzata Investment Partners, which is the largest creditor from Majestic Star's 2009 bankruptcy."
Kenneth Klee speaking to the press re Jefferson County Chp. 9 filing
Thursday, November 10, 2011
Holiday Party at The Mark for Events
Los Angeles Bankruptcy Forum
Financial Lawyers Conference
Federal Bar Association
LACBA Commercial Law and Bankruptcy Section
Central District Consumer Bankruptcy Attorneys Association
Beverly Hills Bar Association Bankruptcy Committee
invite you to a Holiday Party at The Mark for Events
Support the efforts of Public Counsel, Bet Tzedek, Neighborhood Legal Services, The Legal Aid Foundation of Los Angeles and others who contribute to those in need of bankruptcy-related services in our community.
December 5, 2011
6:00 p.m. to 8:00 p.m.
The Mark for Events
9320 West Pico Boulevard
Los Angeles, CA 90035
$100 for Members
$125 for Non-Members
Registration at Door - Additional $25
Network with your professional colleagues and bankruptcy judges. All net proceeds from the event will be donated to participating pro-bono organizations.
Los Angeles Bankruptcy Forum | P O BOX 7740 | BURBANK | CA | 91502
Tuesday, November 8, 2011
Analysis of National Filings Prepared by the Administrative Office of the U.S. Courts
From the Hon. Scott Clarkson:
These are the local comparisons to the national filings. This is public information.
Please see the analysis below prepared by the Clerk's Office of the Central District of California reflecting a comparison of CACB to the national filings for the period ending 9/30/11, released by the Administrative Office of the U.S. Courts yesterday.
The following is the analysis of the national bankruptcy filings for the 12-month and 3-month period ending 9/30/11.
A. National Filing Statistics for the 12 and 3-Month Period Ending September 30, 2011
1. CA, C continues to lead the nation in total filings with 139,882 during the 12-month period, 129% greater than the next highest district, IL, N, with 60,976.
2. CA, C experienced a 0.9% increase in filings over the same period in 2010 (138,585), while nationally, bankruptcy filings fell 8.1%. While filings are up slightly, the rate of increase continues to fall from a high of 96.3% in 2008 to 0.9% this period.
3. CA, C had the third highest percentage increase in filings, just below LA, M with 1.3%. Utah had the highest percentage increase with 6.5%.
LARGEST Percentage Increase
LA, M 1.3%
CA, C 0.9%
WA, W -1.1%
TX, S -1.2%
Lawsuit against Madoff family grows to $226.4 mln
"The trustee seeking money for Bernard Madoff's victims has increased the size of his lawsuit against family members of the imprisoned Ponzi schemer to $226.4 million.
Irving Picard, the trustee, in an amended complaint, said the Madoffs were 'completely derelict' in overseeing operations at Bernard L. Madoff Investment Securities LLC, which collapsed when Madoff was arrested on Dec. 11, 2008."
Dodgers Judge Approves Six Days of Legal Fees, Overruling U.S. Trustee
"The Los Angeles Dodgers won initial court approval to pay the team’s bankruptcy lawyers fees for six days of work that had been challenged by the U.S. Trustee.
U.S. Bankruptcy Judge Kevin Gross said today the work was necessary for the team to win approval of a loan to continue operating while in bankruptcy. Gross overruled an objection filed by Mark Kenney, a trial attorney with the U.S. Trustee’s office in Wilmington, Delaware."
Monday, November 7, 2011
Insolvency Law Committee Constituency List -- Bankruptcy e-Bulletin
November 7, 2011
Dear Insolvency Law Committee Constituency List members:
The purpose of this eBulletin is to provide information about the Office of the United States Trustee – Central District of California – Region 16’s recent implementation of new forms and requirement of electronic filing for debtor-in- possession compliance.
Effective September 1, 2011 in Los Angeles, with the San Fernando and Northern Divisions following on January 1, 2012, and the other divisions later this year and early next year, with their own revised procedures, the Office of the United States Trustee ("UST") has implemented procedures requiring the electronic submission of 7-Day Compliance Packages and Monthly Operating Reports. In addition, the UST has created a new set of forms.
The following summarizes the major changes with regard to the 7-Day Compliance Package for the Los Angeles Division Only:
1. The 7-Day Package Cover Sheet (USTLA-2) has been replaced by two forms: USTLA 3 and 4.
* USTLA-3 – Declaration of Debtor Re Compliance-- includes the Real Property Questionnaire ("RPQ"), information about pre-petition and debtor- in- possession bank accounts, and most of the information previously requested on USTLA-2. USTLA-3 requires attachments such as property-specific RPQ and insurance declaration pages.
* USTLA-4 -- Attorney's 7-Day Package Checklist--must now be signed by the debtor and debtor's counsel. Attachments to USTLA 4 include the 90-day Projected Cash Flow Statement and the Statement of Major Issues and Timetable Report. Most of the information listed on USTLA-4 will be set forth in USTLA-3 or the Declaration of Debtor Re Compliance.
2. The RPQ has changed; there are new forms for a residence and an Excel spreadsheet is required for cases with multiple properties.
3. In addition, the UST has revised the format for Monthly Operating Reports (MOR).
4. All 7-Day Packages and Monthly Operating Reports must be submitted to the OUST at the following e-mail address: firstname.lastname@example.org. The Instructions specifically state that the information should not be sent to any individual staff person or attorney's mailbox. The Instructions also require that signatures be imaged and electronically filed in PDF format.
The author is advised that the procedures for the San Fernando Valley Division together with the Northern Division, the Orange County Division, and the Riverside Division will ultimately differ from each other, as well as from those for the Los Angeles Division, once all divisions implement their procedures.
The Guidelines and Requirements for Chapter 11 Debtors-in-Possession (for Los Angles Division cases Only) and each of the forms can be downloaded at the UST website at http://www.justice.gov/ust/r16/reg_info.htm.
These materials were prepared by Elissa D. Miller, a member at SulmeyerKupetz, a professional corporation, in Los Angeles, California, and Co-Chair of the Insolvency Law Committee.
Thank you for your continued support of the Committee.
Insolvency Law Committee
The Insolvency Law Committee of the Business Law Section of the California State Bar provides a forum for interested bankruptcy practitioners to act for the benefit of all lawyers in the areas of legislation, education and promoting efficiency of practice. For more information about the Business Law Standing Committees, please see the standing committees web page.
Program: Woodland Hills Bankruptcy Judge’s Published Opinions
Could you inform your readers that the San Fernando Valley Bar Association is presenting its annual program on the Woodland Hills Bankruptcy Judge’s published opinions, memorandum and tentative opinions? With two new judges at the Woodland Hills Courthouse, the program is vital for practitioners. The speakers’ panel has culled through a year of writings from the judges and picked selections which give insight into each of the judges. As always, the program will be lively given the high caliber of the speakers and attending attorneys. The attending attorneys always make many valuable contributions to the program. This is the one bankruptcy program of the year where the bankruptcy judges are specifically not invited to attend so that the discussion can be frank.
The program information is as follows:
Date: Wednesday, November 9, 2011, at 12:00 p.m. (noon local time)
Place: San Fernando Valley Bar Association, 21250 Califa Street, Suite 113, Woodland Hills, CA 91367
Tel: 818-227-0490 Fax: 818-227-0499. Ask for Linda Temkin to make a reservation
Event Cost: Member $30.00
Member at Door $40.00
Non-Member at Door $50.00
Credit Hours: General 1 hrs
This is the Bar Association’s 5th year presenting this program. Year after year, it has been one of the most popular and well attended programs this section has offered.
Steven R. Fox
Bankruptcy Filings Down in Fiscal Year 2011
Thank you to the Hon. Scott Clarkson for giving us the lead on the following informative article from the U.S. Courts website:
"Bankruptcy cases filed in federal courts for fiscal year 2011, the 12-month period ending September 30, 2011, totaled 1,467,221, down 8 percent over the FY 2010 bankruptcy filings of 1,596,355, according to statistics released today by the Administrative Office of the U.S. Courts."
United States Bankruptcy Court - Central District of California
Santa Ana, CA
8TH ANNUAL BANKRUPTCY ETHICS SYMPOSIUM
THE BANKRUPTCY SECTION OF THE FEDERAL BAR ASSOCIATION & THE LOS ANGELES CHAPTER OF THE FEDERAL BAR ASSOCIATION Present the 8TH ANNUAL BANKRUPTCY ETHICS SYMPOSIUM
Hon. Catherine E. Bauer, United States Bankruptcy Judge
Hon. Scott C. Clarkson, United States Bankruptcy Judge
Professor Michael Josephson, President, Josephson Institute
Michael L. Tuchin, Esq., Klee, Tuchin, Bogdanoff & Stern, LLP
David A. Tilem, Esq., Law Offices of David A. Tilem
Christie Cronenweth, Esq., Law Offices of Christie Cronenweth
M. Erik Clark, Esq., Borowitz & Clark, LLP
Dennis E. McGoldrick, Esq., Law Offices of Dennis E. McGoldrick
Attorney Ethics in the Courtroom: A Judicial Perspective Sum of the Parts - Little Things that Matter to Your License "THE CDCBAA ETHICS LECTURE"
An Ethics Conversation with Professor Michael Josephson
DATE: Friday, December 9, 2011
Registration: 8:30 a.m.
Program: 9:00 a.m. - 12:45 p.m.
PLACE: United States Trustee 341(a) Meeting Room
725 South Figueroa St., Los Angeles
PARKING: No-host parking is available at the 7th & Fig parking structure.
Registration Fee: $25 (FBA members); $30 (CDCBAA and LABF members); $40 (non-members).
Register by November 30, 2011.
Inland Empire Bankruptcy Forum
Chapter 11 Bankruptcy Basics
Tuesday, November 15, 2011
6:00 p.m. - 8:30 p.m.
Please join our distinguished panel including United States Bankruptcy Judges Deborah Saltzman and Scott Clarkson, bankruptcy practitioner Robert Goe, and Everett Green, trial attorney with The Office of the United States Trustee, as they discuss practice tips for handling Chapter 11 bankruptcy cases.
Subjects include first day motions, motions for use of cash collateral and issues presented by individual Chapter 11 cases.
Thursday, November 15, 2011
No Host Cocktails 6 p.m. ~ Dinner 6:30 p.m. ~ Program 7 p.m.
The Mission Inn
3649 Mission Inn Avenue, Riverside, CA
Friday, November 4, 2011
BROWN BAG SEMINAR
Dear Chapter 13 Colleagues!
I just wanted to advise you of an important upcoming BROWN BAG SEMINAR for attorneys and your staff Introducing T.R.U. (The new Trustee Response Upload system) to be held on Friday, November 18, 2011 from 12:30 pm to 1:30 pm at the UST hearing room location located at:
725 S. Figueroa Street, Room 103 in downtown Los Angeles.
This seminar will be presented by Kathy A. Dockery, Chapter 13 Trustee and her staff.
2011 cdcbaa President
Info on some of Judge Bason's Chapter 13 policies
Subject: from Aki Koyama (staff attorney for Chp. 13 Trustee Kathy Dockery)
· Some of Judge Bason's Chapter 13 Policies:
Judge Bason will:
1. Allow matters to be confirmed from the 341(a) so long as there are no objecting parties;
2. Allow the Trustee to use the same chapter 13 hearing procedure that is utilized in Judge Klein's courtroom;
3. Other than the chapter 13 calendars in November, 2011 and December, 2011 which have already been noticed for 1:30, have his confirmat...ion hearings set for 10:00 a.m., Trustee motions set for 11:00 a.m. and miscellaneous chapter 13 matters set for 1:00 p.m.;
4. Allow lien avoidance via motion;
5. Dismiss cases with a bar on a case by case basis.
More to come . . . .
Monday, October 31, 2011
Beacon Power bankrupt; had U.S. backing like Solyndra
"Beacon Power Corp filed for bankruptcy on Sunday, just a year after the energy storage company received a $43 million loan guarantee from a controversial Department of Energy program."
MF Global files for bankruptcy protection
"MF Global, a trader in commodities and derivatives brought down by bad bets on Europe, filed for bankruptcy protection on Monday, leaving behind more than $2 billion in debt to some of Wall Street's biggest players.
The fate of MF Global, run by former New Jersey Gov. Jon Corzine, has been closely watched on Wall Street as a sign of how Europe's sovereign debt crisis could be cause trouble for U.S. financial companies."
Saturday, October 29, 2011
In re Baud - SCOTUS is Looking Carefully at the Committment Period
from Aki Koyama,
My Colleagues: It looks like I misinterpreted an email from the staff attorney for the Appellee (the Chapter 13 Trustee) in the In re: Baud matter. The Debtor and Appellant in Baud has filed a Petition for Writ of Certiorari and SCOTUS has requested a response to the Petition from the Appellee which is due in the 2nd half of November. The Writ has not been granted as of now. Sorry for the misinformation and thanks to Prof. M. Jonathan Hayes for the clarification.
New Data from the Central District of California
- Pro per filings for the Jan through Sept, 2011 period were 28.3% of the total. The national average is 7.9%.
- The central district clerk's office processes one bankruptcy petition every 3 minutes, 44 seconds.
- The next highest number of filings after the central district is the middle district of Florida. The C.D. Cal has 146% more filing than M.D. Fl.
- The central district expects 141,000 filings this year, up from 109,000 in 2009, and 66,000 in 2008.
Friday, October 28, 2011
Doc Holliday’s Dentist Chair Up for Sale in Bankrupt Harrisburg
"Harrisburg, Pennsylvania’s capital, plans to auction off more than 8,000 relics ranging from 1900s- era rifles to wooden wagons that were meant to be part of a Wild West museum in the bankrupt city in the Northeast.
Representatives of 10 auction houses examined the artifacts yesterday, Robert Philbin, a spokesman for Mayor Linda Thompson, said. He declined to name them, though he said 25 firms, including Christie’s Inc. and Sotheby’s, were invited to submit proposals."
LACBA Commercial Law & Bankruptcy Section
The Mortgage Morass: MERS, Securitization, Servicers and Robots
Thursday, November 3, 2011
Los Angeles County Bar Association
1055 West 7th Street, 27th Floor
Los Angeles, CA 90017
1.0 hr CLE
Analysis and Practice Tips on Recent Foreclosure Cases:
- Who Does What?
- Who Holds What?
- Who Can Foreclose?
- Who Can Obtain Relief From Stay?
- What is MERS?
- How Do You Prove or Disprove These Issues?
Hon. Scott C. Clarkson, U.S. Bankruptcy Court
Richard W. Esterkin, Morgan Lewis & Bockius LLP
David B. Lally, Law Offices of David B. Lally
Jason D. Wallach, Gladstone Michel Weisberg Willner & Sloane ALC