Here is a great article by Jan Hamilton about the experience of going to the Supreme Court. He spent $13,000 alone making copies/printing what he filed with the Supreme Court. He debated about whether to carry his clothes or his files on the plane with him. Which would be eaisest to replace if the luggage was lost? He decided that no clothes was better than no files. Hamilton-Rhodd Article
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More on the Forms Modernization Project
I posted a few days ago about the Forms Modernization Project, the efforts to modernize the bankruptcy forms we use. Prof. Katie Porter has a great post about the project on Credit Slips. She asked her bankruptcy students to comment on the new forms and the responses are very noteworthy. For example, one student commented that the means test forms should be first since the rest of the forms are meaningless if you don’t pass the means test. Another comment was to have separate forms for single filers as so many questions relate to spouses that are unecessary if you are single.
Judge Sheri Bluebond Being Inducted into the American College of Bankruptcy
This is a really significant honor. The American College of Bankruptcy is an honorary association which admits 20-30 people each year from across the country. Judge Bluebond will be inducted as part of Class 23 at the annual meeting in Washington DC on March 16-17, 2012. The flyer is here. Congratulations Judge Bluebond.
Proposed New Bankruptcy Schedules
The powers to be are working on new “consumer friendly” bankruptcy forms. The Advisory Committee on Bankruptcy Rules has promulgated new forms. You can access them here. Click on the bankruptcy committee line, then on the September 2011 line. Then scroll down to page 189 for the new forms. They look pretty nice to me. There are more pages but definitely easier to complete. If you have an opinion on the forms, you can send it to scott_myers@ao.uscourts.gov. Judge Elizabeth Perris is very involved in the new forms as well.
Inland Empire Bankruptcy Forum – Evening with the Judges
IEBF Presents: An Evening With Our Judges Tuesday, February 7, 2012
The Honorable Meredith A. Jury – U.S. Bankruptcy Judge
The Honorable Catherine E. Bauer – U.S. Bankruptcy Judge
The Honorable Deborah J. Saltzman – U.S. Bankruptcy Judge
The Honorable Scott C. Clarkson – U.S. Bankruptcy Judge
The Honorable Mark S. Wallace – U.S. Bankruptcy Judge
The Honorable Wayne Johnson – U.S. Bankruptcy Judge
Mark D. Houle, Esq.**
**The U.S. Court of Appeals for the Ninth Circuit has appointed Mr. Houle as U.S. Bankruptcy Judge for the Riverside Division.
Attendees are encouraged to submit questions for discussion by e-mail to Todd Frealy at taf@lnbyb.com. Questions are requested no later than January 28, 2012.
When: Tuesday, February 7, 2012 No-Host Cocktails 6 p.m. Dinner 6:30 p.m. Program 7 p.m.
Where: Mission Inn 3649 Mission Inn Avenue, Riverside
Notes on Moving Judges
Judge Kwan will be moving into courtroom 1675 in Los Angeles. Judge Peter Carroll is moving into courtroom 1468 in March or April. Judge Mark Houle will be taking courtroom 303 in Riverside. Judge Catherine Bauer will move into courtroom 5D in Santa Ana.
Judge Ted Albert Tentative Clarifies (Somewhat) Issues on Modification of Loan on Residence
8:11-20215 [debtor] Chapter 11
#10.00 Motion to Value Property of the Estate Pursuant to 11 U.S.C. Section 506(a)
Tentative Ruling:
The motion is for valuation of collateral known as 2xxx Santa Ana Ave., Costa Mesa (“property”) under §506, but the real question presented here is whether a Chapter 11 Plan can treat the junior trust deed claim of Citibank as only partially secured since the debtor contends there is only $287,000 in value to support two trust deeds of $202,410 and $510, 968. If the bifurcation can be done then the junior secured claim is only around $85,000. The impediment, if any, would be §1123(b)(5) which forbids modification of claims “secured only by a security interest in real property that is the debtor’s principal residence.” The property is apparently a duplex. While there is case law on both sides of the issue, and no definitive 9th Circuit authority, the majority of authority as represented by cases like the 3d Circuit in In re Scarborough, 461 F. 3d 406, 414 (3d Cir. 2006), suggest that since technically the lien is secured by something other than the residence (i.e. an adjoining income property) and therefore is not secured only by the residence, the statute does not apply. See also In re Boardman, 2011 WL 478987 (Bankr. N.D. Cal.).
Grant
Matthew E. Faler
17330 Brookhurst St., Ste 240
Fountain Valley, CA 92708
Judge Wallace and Failure to Comply with Section 109(h) [credit counseling]
FYI, I learned from the deputy court clerk responsible for dismissals for Judge Mark Wallace that he instructs the court clerk’s office not to automatically dismiss any of his cases for debtors failing to comply with §109(h)’s terms, even if more than 45 days pass from the petition filing date. On the other hand Judge Wallace will allow the clerk’s office to dismiss if a debtor fails to file an executed form B22A more than 45 days pass from the petition filing date.
Mark Jessee
Judge Catherine Bauer Chapter 13 Cases
Judge Catherine Bauer advised counsel today that all of her chapter 13 cases are being transfered to new Judge Mark Houle.
Clarification re: Filing Financial Management Certificate Form 23
ATTENTION ATTORNEY FILERS – RE: CLARIFICATION WHEN Filing Financial Management Certificate Form 23
As you may recall, with the implementation of CM/ECF v. 4.1 in November 2011, changes were made to the way the Financial Management Certificate (Form 23) is filed electronically. Since the implementation of CM/ECF v. 4.1, we are finding that attorneys are incorrectly filing Form 23 on joint cases. This is not only causing the Discharge of Debtor to be delayed, but also additional work for the clerk’s office staff in monitoring these cases. To avoid errors and delays, please read and discuss the attached tips and instructions with pertinent office staff.
As always, thank you in advance for your assistance and cooperation. Please feel free to contact the ECF Help Desk at: ECF_Support@cacb.uscourts.gov with any questions you may have.
Best regards,
ECF Help Desk (213) 894-2365
M. Jonathan Hayes Books
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