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(If it says Ken Klee, It's worth posting and is highly recommended) Financial Lawyers Conference FOR MORE INFORMATION: www.financiallawyers.org "Current Topics in Bankruptcy Litigation: Five Causes of Action, A Theory of Damages, and a Defense" Thursday, December 10, 2009 Ken...
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American Express Bank v. Smith (In re Smith), ---- B.R. ----, 2009 WL -------- (9th Cir. BAP Oct, 2009) Issue: When computing the chapter 13 plan payment, can an above-median chapter 13 debtor deduct payments to secured creditors for property...
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This was completed in August, 2009. I'm a little late in posting it but its kind of a fun read. There is a little article on page 31 about Dennis Montali and one on Judge Richard Medick who died in...
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3rd Circuit Court of Appeals, November 12, 2009 In re Madera, --- F.3d ---, 2009 WL ----------- (3rd Cir. 2009)(summary judgment for creditor is affirmed where 1) the Rooker-Feldman precluded the bankruptcy court's jurisdiction over debtors' rescission claim because that...
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I will have to add this website to my sources.
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Another great job by Tara Twomey. You can access it here. Oral argument is set for December 1, 2009.
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1st Circuit Court of Appeals, November 06, 2009 In re Smith, --- F.3d ----, 2009 WL ---------- (1st Cir. 2009)(late alimony payment penalty was not a domestic support obligation, and as such, the ex-wife's claim was a general unsecured claim...
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From Prof. Lawless' data base, the Bankruptcy Data Project: Filings by chapter in the Central District of California in October, 2009: CACB ch 7; 7839 ch 11; 107 ch 13; 2366 total; 10314 This compares to 9,089 total in September,...
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This is such a great thread from another list serve about In re Lanning, the chapter 13 case now before the Supreme Court which deals with the question, how do you compute the plan payment for an over-median debtor? From...
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(well - a week late) 5th Circuit Court of Appeals, October 30, 2009 In the Matter of: Proeducation Int'l. Inc., --- F.3d ---, 2009 WL ------------- (5th Cir. 2009)(counsel for creditor should not have been disqualified where: 1) the bankruptcy...
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I'm finally getting a chance to read it. You can access it here. Questions to the Trustee's Counsel: JUSTICE GINSBURG: The question is whether -- the question is whether the trustee had to make an objection, when it seems really...
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Total bankruptcy filings for October, 2009 were 130,200, up 3.7% from September, 2009 of 125,500; compared to 120,000 in August; 130,500 in July; 124,800 in June; 120,400 in May; 128,700 in April, 131,000 in March, 102,000 in February and 89,000...
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Boy, four bankruptcy cases in one term - so far! The 10th Circuit opinion is here. This is about what means "projected disposable income" in chapter 13. Doesn't sound too tough, eh? But the code is very specific about how...
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6th ANNUAL BANKRUPTCY ETHICS SYMPOSIUM December 18, 2009 Time: 9:00 a.m. - 12:45 p.m. Registration 8:30 a.m. - 9:00 a.m. Topics include: Ethics of Pre-Bankruptcy Planning; Issues in Client Confidentiality: An Ethics Conversation with Professor Klee Location: United States Trustee...
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The Solicitor General has filed an invitation brief with the Supreme Court in the In re Lanning case. Lanning presents nicely the issue of what means "projected disposable income" in chapter 13? It reaches a contrary conclusion to Kagenveama, that...
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Sorry, it's the voyeur in me. This is the McCourt pleadings filed in Superior Court yesterday. I got them from the L.A. Times' website. I do intend to use the pleadings in my Business Organizations class tonight to discuss the...
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Preview of this term (47 pages stolen from the Scotusbog.com which you are hereby ordered to look at every day). .
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Recent Bankruptcy Decisions in the Ninth Circuit: What You Need to Know 11/17/2009 Presented by: Commercial Law and Bankruptcy Section Subsection/Committee: Bankruptcy Committee Program Information: A distinguished panel of bankruptcy lawyers will discuss the pitfalls, problems, and detours around the...
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The announcement can be accessed here.
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A thanks to Matt Reznik: Under the "did you know" category... Just stumbled upon this info: HOMESTEAD EXEMPTION RAISED Homestead Exemptions Increased (Assembly Bill 1046) - Effective January 1, 2010: California Homeowner'’s equity protected from creditors is now $75,000 for...
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From mega bankruptcy attorney Marc S. Stern marc@hutzbah.com. Note: This is a real motion. Introduction Debtor, by and through counsel, hereby responds to the Objection to Confirmation filed by [...] Bank, Requests that matter be continued until the her primary...
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1st Circuit Court of Appeals, October 08, 2009 In re Simply Media, Inc., --- F.3d ---, 2009 WL ------------- (1st Cir 2009)(appeal dismissed and OSC set re sanctions against attorney for frivolous appeal) 1st Circuit Court of Appeals, October 15,...
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San Fernando Valley Bar Assn - Business Section Review of the '09 Woodland Hills Bankruptcy Judges' Opinions Panel: Amy Goldman, Esq.; Stella Havkin, Esq. and Steve Fox, Esq. Date: Wednesday, October 28 Time: 12:00 Noon Lunch and Program Place: SFVBA...
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U.S. Bankruptcy Court District of Delaware (Delaware) Bankruptcy Petition #: 09-13496-KJC Assigned to: Kevin J. Carey Chapter 11 Date filed: 10/12/2009 Debtor Chicago National League Ball Club, LLC 1060 West Addison Street Chicago, IL 60613 Tax ID / EIN: 26-1700347...
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Read 'em and weep as they say. I think Judge Jaroslovsky definitely had too much coffee the morning he wrote this. Its posted on his website so I guess he means it.
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The median income figures beginning November 1, 2009 can be accessed here.
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In September, 2009, the Central District saw a small drop in total filings: 9,089 total filings compared to 9,740 in August, and 9,886 filings in July, 9,578 in June, 8,965 in May, 8,398 in April, 8,518 in March, 6,967 in...
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Brief by my law clerk Roksana Moradi In re Werts, --- B.R. ----, 2009 WL 2563468 (Bkrtcy.D.Kan.) Issue: Do the debt limitations for filing chapter 13 apply to a husband and wife separately even though they file a joint case?...
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From the California Bar, Board of Legal Specialization.
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CENTRAL DISTRICT CONSUMER BANKRUPTCY ATTORNEYS ASSOCIATION GENERAL MEMBERSHIP ASSSEMBLY October 17, 2009 at 10:30 a.m. Location: Southwestern Law School 3050 Wilshire Blvd., Room W329 3rd Floor in the Westmoreland Building Los Angeles, CA 90010 MCLE Program, Co-Sponsored by Southwestern Law...
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Please ignore the last post: I had'nt had my coffee yet.
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So now you know. Today I am finishing my 60th trip around the sun. I stole that quip from my idol, Carl Sagan, who went to that great physics lab in the sky in 1996 at age 62, way too...
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Total bankruptcy filings for September, 2009 were 125,500 compared to 120,000 in August; 130,500 in July; 124,800 in June; 120,400 in May; 128,700 in April, 131,000 in March, 102,000 in February and 89,000 in January.
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2nd Circuit Court of Appeals, October 01, 2009 Orange Cty. Water Dist. v. Unocal Corp., --- F.3d ---, 2009 WL ------------ (2nd Cir. 2009)(petition for a writ of mandamus rejected because any challenge to the district court's subject matter jurisdiction...
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This is such a good comment that I wanted to post it. From Brian Rookard: Professor Scarberry said: "The idea that 506(d) means something different in chapter 7 than in chapter 13 is not, in my view, tenable. The same...