All posts in Bankruptcy Data

Annual Report 2015 for the Central District of California

This report is really nice.  You can get it here.  Congratulations to Kathy Campbell and her gang.

Scotusblog Stat Pack Available

If you like data and charts, you will love this.  You can access the 2015 stat pack here.  All 50 pages thank you.  Some pretty fun stuff. The 9th Circuit was affirmed 2 times in 11 cases (plus one 4-4 ruling). Clarence Thomas wrote the most opinions by far – 39.  The next highest was Alito with 19.  Thomas wrote 18 dissenting opinions, the next highest was Sotomayor with 8.    Roberts wrote only six majority opinions, Thomas seven.  The high for majority opinions?  Kennedy with nine. There were 76 total cases resolved although 13 of those were “summary reversals.”  So 63 cases, of which 4 were “decided” 4-4 meaning the lower court ruling stands.   Read more…

National and Central District Filing Statistics – 2015

Total filings in 2015 – 844,000 broken down as follows:  (You can access the full chart here)

National CACB
Total 844,000 46,523
Ch 7 535,000 35,266
Ch 11 7,241 460
Ch 12 407 5
Ch 13 302,000 10,791

“Consumer” Bankruptcy Attorney? Or “Business” Bankruptcy Attorney? Maybe a Little Clarification.

I completed the Judicial Performance Survey for two of the judges I have appeared before.  One of the questions gripes me because it shows the bias of the system.  The question is whether you are a consumer attorney or a business attorney or both.  But then it asks this question:

During the past three years, has your consumer bankruptcy work been concentrated in chapter 7 or in chapter 13? (Please select one.)

It assumes that consumer bankruptcy attorneys do only chapter 7s or 13s.  That is largely true but still much too restrictive in my opinion.  I would like to note that in 2015, there were 402 chapter 11 cases filed in the Central District of California.  (There were actually 426 but I am counting the multiple Freedom Communications cases as one rather than about 24.)  Of the 402 cases, 203 were individual chapter 11 cases, in other words, an individual trying to save his home or rental property (usually).  That is 50% of all chapter 11s!  Those are almost entirely consumer cases filed by consumer bankruptcy attorneys.

Of the 109 individual chapter 11 cases I have filed (or subbed into) since the beginning of 2012, only one case was filed by a person for the primary purpose of saving a business.   For whatever it’s worth, I have also filed 31 “corporate cases” since 2012.  In 16 of those cases, the entity owned an operating business it was trying to save.  (Of those 16, 6 cases were filed because of the debtor’s problems with its landlord, good luck with those eh?)  The remainder of the corporate cases dealt with real property issues.

So where does all this leave us?  I think its fair to say that most “consumer” attorneys do not do chapter 11s at all or very, very rarely.  But I consider myself a consumer attorney when I file chapter 11s for individuals trying to save their homes or rental properties, or sometimes because of tax problems or business problems.    I personally do very few chapter 7s and almost no chapter 13s.  Those are handled by a different department at the firm.  I still consider myself largely a consumer bankruptcy attorney.

UPDATED!!! Thursday, February 18, 2016 – The Force Awakens: Objections to Exemptions After Law v. Siegel

The Force Awakens: Objections to Exemptions After Law v. Siegel

Thursday, February 18, 2016 Program 12:00 – 1:00 P.M.

Location Los Angeles County Bar Association 1055 W. 7th Street, Suite 2700 Los Angeles, CA 90017 Read more…

Thursday, December 17, 2015 – The Ins and Outs of Discovery in Bankruptcy

Thursday, December 17, 2015, 12 noon – 1 p.m.

The Ins and Outs of Discovery in Bankruptcy

Speakers:
Jonathan S. Dabbieri (Sullivan Hill Lewin Rez & Engle)
Uzzi O. Raanan (Danning, Gill, Diamond & Kollitz LLP) Read more…

November 17, 2015 – Examining the Dischargeability of Student Loan Debt in Bankruptcy Proceedings

Complimentary CLE-Accredited Webinar

Student loan debt is estimated to be more than $1 trillion nationwide, greater than all credit card debt of all Americans combined. Unlike credit card debt, student loan debt cannot be discharged in a bankruptcy without a showing of undue hardship. Prior to 1977, student loans could be discharged in the same way as credit card debt; however, concerns and fears over students abusing the bankruptcy system prompted Congress to add 11 U.S.C. Section 523(a)(8). Steven Werth, Associate with SulmeyerKupetz, Magdalena Bordeaux, Supervising Attorney of Public Counsel’s Debtor Assistance Project, will address:

The historical background of Section 523(a)(8) and how that statute has changed over the decades.

How courts now apply the test of undue hardship.
The differences among the circuits as to how undue hardship is determined, and potential arguments that can be made for interpreting undue hardship differently.

Date:
Tuesday
November 17, 2015

Time:
11:00 a.m. PT

November 12, 2015 – 2015 Bernard Witkin Lecture: A Conversation with Associate Justice of the California Supreme Court Leondra Kruger moderated by Presiding Justice Lee Edmon

2015 Bernard Witkin Lecture: A Conversation with Associate Justice of the California Supreme Court Leondra Kruger moderated by Presiding Justice Lee Edmon

11/12/2015

Presented by: Los Angeles County Bar Association Read more…

Thursday, November 5 – Litigation Funding – Risks, Opportunities, and Shifting Leverage in Bankruptcy

Litigation Funding – Risks, Opportunities, and Shifting Leverage in Bankruptcy
Thursday, November 5

Speakers:
Jennifer Nassiri, Venable LLC
Courtney Pozmantier, Greenberg Glusker
Emily Slater, Burford Capital
Eric Winston, Quinn Emanuel Urquhart & Sullivan, LLP Read more…

Thursday, November 12, 2015 – Understanding Chapter 13

To all attorneys:

You are invited to Understanding Chapter 13, an MCLE program that will introduce you to the fundamentals of Chapter 13 bankruptcy law. It is approved for four (4) hours of MCLE credit

The program is presented by Public Counsel, and is cosponsored by cdcbaa and the U.S. Bankruptcy Court for the Central District of California.

Lunch will be provided. See attached flyer for additional program details. Read more…