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BankruptcyProf Blog (10)

• 10th Circuit BAP Rules That Debtor May Deduct Vehicle Ownership Table Even Though Vehicle is Owned Free and Clear

  Posted: September 6th, 2008, 9:24am PDT by Bankruptcy Prof

  In re Pearson, --- B.R. ---, 2008 WL ----------- (10th Cir BAP, July, 2008) Issue: May a debtor take the ownership deduction for a vehicle even though the vehicle is owned free and clear? Holding: Yes. These are above-median chapter...

• 9th Circuit 2007 Annual Report

  Posted: September 5th, 2008, 8:38am PDT by Bankruptcy Prof

  This report, just issued, is really nice, judges, cases and goings-on in the district, packed with information - 71 pages. You can access it here.

• Prof. Nancy Rapoport Article on Ethics in Bankrupty Court

  Posted: September 4th, 2008, 8:42am PDT by Bankruptcy Prof

  "(Almost) Everything We Learned about Pleasing Bankruptcy Judges, We Learned in Kindergarten," July, 2008 can be accessed here. This is an amusing way of looking at very old rules, "Be Prepared," "Don't Lie," etc.

• August Bankruptcy Filings

  Posted: September 2nd, 2008, 8:41pm PDT by Bankruptcy Prof

  Total bankruptcy filings for August were 93,987 or 4,476 per day. This compares to 96,385 for July or 4,381 per day. At this rate, the third quarter will be about 285,000 compared to 272,000 in the second quarter and 240,000...

• Judge Eileen Hollowell of Tucson Appointed to 9th Circuit BAP

  Posted: September 2nd, 2008, 8:44am PDT by Bankruptcy Prof

  The announcement is here. It doesn't say who she replaced.

• Over-Spending is Cause for Personal Bankruptcy According to New Study

  Posted: September 1st, 2008, 9:32am PDT by Bankruptcy Prof

  Well, I'm glad we cleared that up! Professor Ning Zhu, Professor at University of California, Davis, has some great statistics which show what I have been saying for years: over-spending by consumers is the biggest cause for consumer bankruptcies, not...

• Circuit Court of Appeals Cases for Last Week

  Posted: August 31st, 2008, 10:49am PDT by Bankruptcy Prof

  5th Circuit Court of Appeals, August 27, 2008 Campbell v. Countrywide Home Loans Inc., --- F.3d ---, 2008 WL ------ (5th Cir. 2008)(Countrywide did not violate the automatic stay) 5th Circuit Court of Appeals, August 29, 2008 In the Matter...

• A Little Short on Judges in Riverside

  Posted: August 28th, 2008, 10:22am PDT by Bankruptcy Prof

  PUBLIC NOTICE RE: RIVERSIDE DIVISION CASES ASSIGNMENTS TO LOS ANGELES DIVISION JUDGES RIVERSIDE DIVISION COURTROOM CHANGES Effective September 1, 2008, a portion of newly filed Riverside Division bankruptcy cases will be assigned to Judges Bluebond, Donovan and Neiter of the...

• Mrs. Fields' Meeting of Creditors September 3, 2008

  Posted: August 28th, 2008, 8:43am PDT by Bankruptcy Prof

  DATETIMECASE NUMBERCASE NAMELOCATION September 3, 2008 1:30 p.m. 08-11953 (PJW) Mrs. Field's Original Cookies, Inc. J. Caleb Boggs Federal Building 844 North King Street, Room 5209 Wilmington, DE 19801 10 days after the case was filed and 12 days before...

• 9th Circuit BAP Rules on "Dual Status" of Purchase Money Loans to Purchase Autos When Previous Auto is "Underwater"

  Posted: August 27th, 2008, 9:16am PDT by Bankruptcy Prof

  Americredit Financial Services, Inc. v. Penrod (In re Penrod), ---- B.R. ---, 2008 WL 3854465 (9th Cir. BAP July, 2008) Issue: When an auto lender rolls old debt into the purchase of a new auto, is the debt “purchase money,”...