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5th Circuit Court of Appeals, August 27, 2008 Campbell v. Countrywide Home Loans Inc., --- F.3d ---, 2008 WL 3906382 (5th Cir. 2008)(Countrywide did not violate the automatic stay) 5th Circuit Court of Appeals, August 29, 2008 In the Matter...
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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...
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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...
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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,”...
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This is a "pre-packaged case." Mrs. Fields' sent out a Disclosure Statement and Plan a while ago which they then filed the same day as the Bankruptcy Petition. The last day to file an objection to the Plan is September...
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My heart is broken!U.S. Bankruptcy Court District of Delaware (Delaware) Bankruptcy Petition #: 08-11953-PJW Assigned to: Peter J. Walsh Chapter 11 Date Filed: 08/24/2008 Debtor Mrs. Fields' Original Cookies, Inc. 2855 East Cottonwood Parkway Suite 400 Salt Lake City, UT...
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In re Waldron, --- F.3d ---, 2008 WL 2953571 (11th Cir, August, 2008) Issue: Is an asset acquired after a chapter 13 plan is confirmed but before the plan is completed “property of the estate,” and can the bankruptcy court...
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Lowrey v. Channel Communications, Inc. (In re Cellular 101, Inc) ---- F. 3d ----, 2008 WL ------------- (9th Cir. August 2008) Issue: Must a party inform the court of appeals of a settlement which might make the appeal moot [and...
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Year No. of filings Assets (billions) 2003 172 $98.3 2004 92 $47.7 2005 86 $133.8 2006 66 $22.3 2007 78 $70.5 2008* 71 $75.8 * -- Year to date; Sources: BankruptcyData.com, New Generation Research
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5th Circuit Court of Appeals, August 18, 2008 In the Matter of N A Flash Found. Inc., --- F.3d ---, 2008 WL -------(5th Cir. 2008)(there is no preference where creditor was a beneficiary of a construction trust fund of which...
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Proposals Due September 25, 2008 The editors of Pace Law Review invite proposals from scholars, researchers, practitioners and professionals for contributions to a special book review issue to be published in Winter 2008. We seek proposals for reviews of any...
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You can find the forms here.
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Professor Stephen Lubben has a recent article in the American Bankruptcy Journal on Professional Fees in Chapter 11 cases. Lubben, Stephen J.,Corporate Reorganization & Professional Fees. American Bankruptcy Law Journal, Vol. 82, p. 77, 2008 Available at SSRN: http://ssrn.com/abstract=1094032 From...
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A one day program to be held in "historic Hyde ParK" on September 12, 2008. The cast certainly looks great including five bankruptcy judges. The brochure can be accessed here.
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In re Francisco, --- B.R. ---, 2008 WL 2600714 (10th Cir BAP, July, 2008) Issue: Must the required credit counseling be completed no later than the day before the bankruptcy case is filed? Holding: No. The debtor completed the credit...
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Yep, at least in one district court in Wisconsin. The department said the chapter 13 debtor had been overpaid and it wanted the repayment obligation to be a priority. The bankruptcy court said no way, sho-hey, the District Court reversed....
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2nd Circuit Court of Appeals, August 14, 2008 Chartschlaa v. Nationwide Mutual Ins. Co., --- F.3d ---, 2008 WL 3480084 (2nd Cir. 2008)(claims of ormer sellers of insurance policies belong to the bankruptcy estate of former insurance seller) 5th Circuit...
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From the State Bar of California, Insolvency Law Committee August 15, 2008 Dear Insolvency Law Committee Constituency List Members: President Bush signed legislation on July 30, 2008, entitled the Housing and Economic Recovery Act of 2008 ("HERA"), regarding a wide...
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Judge Richard Posner comments on District of Columbia v. Heller. The article can be accessed here. I love when scholars point out that Antonin Scalia is not as "originalist" as he lets on and is much more pragmatic and political...
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The NCBJ annual meeting will be held September 24 through 27 in Scottsdale, AZ. The brochure is here.
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Yesterday the US Trustee filed a motion seeking appointment of a chapter 11 trustee. It seems that the gentleman Vick wanted to be his financial adviser has just been sued by the SEC for securities violations. The prior financial adviser...
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I have a client who owns two large retail jewelry stores. When a chapter 11 looked imminent, my client wanted to know what happens to the consignment goods and the consignment creditors. In the business they call it goods "on...
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8th Circuit Court of Appeals, August 07, 2008 In re Addison, --- F.3d ---, 2008 WL 3077066 (8th Cir. 2008)(denial of discharge for conversion of non-exempt property into exempt reversed; section 529 tuition savings accounts opened for the benefit of...
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In re Regevig, 389 B.R. 736 (Bkrtcy, Ariz, Haines J, June, 2008) Issue: May an Arizona debtor claim California exemptions, otherwise appropriate under Section 522(b)(3)(A)? Holding: Not under California CCP 703.140(b). Judge Randall Haines The debtor, an Arizona resident when...
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Total bankruptcy filings for July, 2008 were 96,355, up from 69,059 a year ago, a 39% increase. Is that a lot? At that rate, the third quarter of 2008 would total 288,000 filings. Every quarter since the 2nd quarter of...
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U.S. Bankruptcy Court Central District Of California (Los Angeles) Bankruptcy Petition #: 2:08-bk-21752-BB Assigned to: Sheri Bluebond Chapter 7 Voluntary Asset Date Filed: 07/31/2008 Debtor IndyMac Bancorp, Inc. c/o Edwin Woodsome Orrick, Harrington & Sutcliffe, LLP 777 South Figueroa Street...
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In my July 21 post, I noted that the firm of Sonnenschein Nath & Rosenthal which represented the Creditor's Committee for the month before the Aloha chapter 11 case was converted to chapter 7 had filed a fee application seeking...
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3rd Circuit Court of Appeals, July 29, 2008 In re Carco Elec., --- F.3d ---, 2008 WL 2908935 ( 3rd Cir. 2008)(order appealed from not final nor appealable under the limited scope of the collateral order doctrine) 3rd Circuit Court...
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The "United States Government Accountability Office" published this report on July 28, 2008 examining the costs of implementing BAPCPA. Of course, US Trustee costs went up, supposedly some $72 million, court costs went up some $42 million, individual trustee costs...