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Items by Bankruptcy Prof
BankruptcyProf Blog
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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,”... -
Mrs. Fields' Files Chapter 11
Posted: August 26th, 2008, 3:59pm PDT by Bankruptcy Prof
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... -
Mrs. Field's Files Chapter 11
Posted: August 26th, 2008, 3:42pm PDT by Bankruptcy Prof
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... -
11th Circuit Court of Appeals Rules on Whether Property Acquired Post-Chapter 13 is Property of the Estate
Posted: August 26th, 2008, 9:37am PDT by Bankruptcy Prof
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... -
9th Circuit Court of Appeals Annoyed That It Was Not Advised of Settlement
Posted: August 25th, 2008, 4:12pm PDT by Bankruptcy Prof
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... -
71 Public Companies Have Filed Chapter 11 so Far This Year
Posted: August 25th, 2008, 8:31am PDT by Bankruptcy Prof
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 -
Circuit Court of Appeals Cases for Last Week
Posted: August 24th, 2008, 12:32pm PDT by Bankruptcy Prof
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... -
Call for Book Reviews: Women and the Law
Posted: August 23rd, 2008, 3:20pm PDT by Bankruptcy Prof
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... -
Chapter 7 Trustee Final Report Forms Have Been Revised
Posted: August 22nd, 2008, 9:20am PDT by Bankruptcy Prof
You can find the forms here. -
Article on Professional Fees in Chapter 11 Cases
Posted: August 21st, 2008, 9:19am PDT by Bankruptcy Prof
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... -
5th Annual "New Deal for Consumer Bankruptcy" Program in New York in September
Posted: August 19th, 2008, 9:37am PDT by Bankruptcy Prof
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. -
10th Circuit BAP Rules on Issue of Credit Counseling - Can the Counseling but Done Too Late - Before the Filing
Posted: August 18th, 2008, 1:29pm PDT by Bankruptcy Prof
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... -
Are Food Stamps a "Domestic Support Obligation"?
Posted: August 18th, 2008, 8:47am PDT by Bankruptcy Prof
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.... -
Circuit Court of Appeals Cases for Last Week
Posted: August 17th, 2008, 8:43am PDT by Bankruptcy Prof
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... -
Housing and Economic Recovery Act of 2008
Posted: August 15th, 2008, 10:50am PDT by Bankruptcy Prof
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... -
The Supreme Court and Gun Control
Posted: August 14th, 2008, 6:28pm PDT by Bankruptcy Prof
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...