All posts in Courts

SOME ELECTRONIC SYSTEMS NOT AVAILABLE APRIL 6 – 10, 2013

ATTENTION CM/ECF USERS:

In preparation for a major upgrade of the Court’s CM/ECF system later in the month, the Court will be upgrading its CM/ECF Training database on Saturday, April 6, 2013.  As a result, the following electronic systems will not be available:

Saturday, April 6, 2013, from 8:00 A.M. to 1:00 P.M.:
CM/ECF Live
LOU
PACER
VCIS

Saturday, April 6, 2013 at 8:00 A.M. thru Wednesday, April 10, 2013: CM/ECF Training will not be available for those currently completing CM/ECF training-related homework.

We apologize for any inconvenience this may cause.  If you need assistance in using the updated version of the CM/ECF Training database, please contact the ECF Help Desk at (213) 894-2365.

Regards,

ECF Help Desk
(213) 894-2365

Order Processing Guidelines (implementing NEW RULES) — Guide Prepared by Judge Zurzolo

Judge Bruce Markell Leaving the Bench to Join the Faculty at Florida State

Judge Bruce Markell has announced that he will leave the bankruptcy bench in Las Vegas in July and become scholar in residence at Florida State University.  The FSU announcement is here.  The Credit Slips page is here.  That means he will be leaving the 9th Circuit BAP as well.  I’m going to miss his opinions which often resembled law review articles on different areas.

 

 

 

Our Old Friend Sam Bufford

Judge Bufford as you know has moved on Penn State Uni as the Bankurptcy Scholar in Residence.  Here is his PSU webpage.

 

 

 

 

 

Draft Strategic Plan for the Central District

The Central District Bankruptcy Court, with Judge Peter Carroll doing the yeoman’s work, has prepared a draft Strategic Plan.  You can access the Plan here.  If you wish to comment on the Plan, you have until May 15, 2013 to do so.  Judge Carroll commented that he is most interested in areas of concern that might have been missed.  Comments will be reviewed by the Board of Judges at its meeting in June 2103.

Supreme Court Takes Up Issue of “What is Defalcation”?

The case of Bullock v. BankChampaign, N.A. will be argued before the Supreme Court this Tuesday, March 18, 2013.  All of the briefs can be accessed here.  The debtor is charged with “defalcation by a fiduciary” making the debt non-dischargeable.  It seems that while he was the trustee of a trust, he borrowed money and bought a building.  When his brothers discovered the “loan,” he paid it back with interest.  The brothers wanted the building which had risen in value.  They sued him in state court and won.  He filed bankruptcy and the brothers filed a non-dischargeability complaint.  The bankruptcy court ruled against the debtor and found the debt to be non-dischargeable.  The district court and court of appeals affirmed.

Eligibility Limits Increase for Chapter 13 Cases

Effective on April 1, 2013, the eligibility limits for chapter 13 increase to $383,175 for unsecured and $1,149,525 for secured.  The previous limits were $360,475, unsecured and $1,081,400, secured.

A number of other limits increased as well for example the maximum IRA which can be claimed exempt increased to $1,245,475.

The federal register with the official new amounts can be accessed here. 

 

CM/ECF System Maintenance, Saturday, March 2, 2013

ATTENTION ALL ECF USERS:

The Court will be performing work on the CM/ECF server on March 2, 2013 in preparation for its upcoming upgrade to CM 5.1.  As a result, the following electronic systems will not be available on Saturday, March 2, 2013, from 8:00 A.M. to 12:00 P.M.:

CM/ECF (Live and Training)
LOU
PACER
VCIS

We apologize for any inconvenience this may cause.

Best regards,

ECF Help Desk
(213) 894-2365

Breyer sometimes poses questions for Thomas during oral arguments

A little off-topic, but fascinating! 

By Debra Cassens Weiss, from ABAJournal.com

About seven years have passed since Justice Clarence Thomas has posed a question in oral arguments, though he did recently make a rare remark that appeared to be a joke about the quality of Harvard Law School.

But some of Thomas’ questions are still being aired, despite his silence, the Washington Post reports. Thomas sometimes writes down a question and passes it along to Justice Stephen G. Breyer, Thomas’ “friend and seatmate on the bench,” the story says.

In a recent appearance at Harvard Law School, Thomas confirmed Breyer’s assistance, according to the Post. “I’ll say, ‘What about this, Steve,’ and he’ll pop up and ask a question,” Thomas said. “So you can blame some of those [Breyer questions] on me.”

Thomas told the Harvard law students he doesn’t ask questions because “I think we should listen to lawyers who are arguing their case and I think we should allow the advocates to advocate.”

Thomas said in the speech that he is “quite introverted,” though he makes regular appearances at law schools. The Post described Thomas as “warm and effusive” in his Harvard visit and said that, if he did ask questions in arguments, the public could learn more about his personality on display in the speeches.

And More Helpful Tips From Aki

With respect to the “mortgage payment declaration” and “car payment” declaration which are now combined on form F3015-1.4.DEC.PRECONF.PYMTS, Judge Klein does not require the form to be filed for her cases.  Judge Bason does not require the the form to be filed for mortgage payments and our office will find out shortly if he requires the form to be filed for postpetition car payments.  Although the filing of the form is not required, both Judges do require that your client make the postpetition mortgage and car payments.

Aki Koyama, Staff Attorney to Chapter 13 Trustee Kathy Dockery