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Delaware Slated for New Bankruptcy Judge Amid Growing Caseload

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July 23, 2013

 
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  NEWS AND ANALYSIS   

DELAWARE SLATED FOR NEW BANKRUPTCY JUDGE AMID GROWING CASELOAD

Delaware's U.S. Bankruptcy Court, the busiest in the country for chapter 11 filings, is getting an additional judge to help handle what officials see as a "full-blown crisis," the subject of a Senate hearing today, Bloomberg News reported. The Wilmington, Del.-based court has a caseload justifying a dozen judges, while it has only half that number now, Chief Delaware U.S. District Judge Gregory M. Sleet, who oversees the bankruptcy unit, said in his 2013 annual report. "The seventh judgeship is important, and funding it is obviously necessary," said Sen. Chris Coons (D-Del.), chairman of the Senate Judiciary Subcommittee on Bankruptcy and the Courts, which held a hearing this afternoon titled "Sequestering Justice: How the Budget Crisis Is Undermining Our Courts." The hearing centered on the impact of the federal government's spending sequestration on the courts. Coons has been helping to strengthen the financial underpinnings of the bankruptcy courts, sponsoring the bipartisan Temporary Bankruptcy Judgeship Extension Act to extend expiring authorizations in 14 states and Puerto Rico. "A full-blown crisis awaits us" in Delaware as the bankruptcy court deals with 28 percent in budget cuts over three years, necessitating the elimination of 23 of 72 office employees and a furlough program "whereby all staff of the clerk's office take one day every two weeks, without pay, equating to a 10 percent decrease in their salaries," Sleet wrote. The additional bankruptcy judge who has been authorized for Delaware by federal court administrators, "has not been funded," Sleet said. Read more.

To read the prepared witness testimony from today's Senate hearing, please click here.

BACKLOG OF FORECLOSURES CONTINUES TO BLOCK HOUSING RECOVERY

Analysts claim that while the housing market is on the mend -- with progress even in the hardest-hit states -- the backlog of homes in foreclosure and bank-owned properties are still clogging the pipeline, HousingWire.com reported yesterday. The East Coast is a testament to such findings, where the duration of the foreclosure process is high in large part to judicial foreclosure procedures in states using that process, according to the Federal Reserve Bank of New York's latest report. The volume of distressed properties continues to impact housing momentum, and consequently, there is a compelling need for improved public policy on the local and national levels to minimize losses and externalities resulting from foreclosures and REO inventory, explained Diego Aragon, Richard Peach and Joseph Tracy of the New York Fed. As of March 2013, nearly 3 percent of all first-lien loans secured by one-to-four-unit residential properties were 90-plus days delinquent, essentially unchanged from June 2012. In contrast, the percentage of loans in foreclosure, which leveled off at around 4 percent from 2011 through 2012, declined to 3.5 percent by early 2013, the report noted. The decline in the percentage of loans in the foreclosure process was due to a sharp decrease in the number of loans flowing into foreclosure. Read more.

ANALYSIS: DODD-FRANK REMAINS A WORK IN PROGRESS 3 YEARS LATER

When President Obama signed the Dodd-Frank Act to overhaul financial regulation three years ago, he observed that for the new rules to be effective, regulators would have to be vigilant, according to a Washington Post analysis yesterday. The moment marked the beginning of what has proven to be a slow and arduous process of trying to implement one of the most ambitious pieces of legislation in decades -- the Dodd-Frank Wall Street Reform and Consumer Protection Act. Given the severity of the financial crisis, there was great expectation that regulators would move swiftly to enact and enforce the landmark legislation. But the same intense lobbying and political wrangling that took place when the bill was being written has continued to delay or water down some of its provisions. Federal watchdogs were tasked with writing 398 rules to flesh out the law, but they have missed 62 percent of the deadlines set by Congress, according to data from Davis Polk & Wardwell, a law firm that represents financial institutions. Lately, there has been a renewed commitment from the administration to accelerate the process. Treasury Secretary Jack Lew told an audience of investors in New York last week that "by the end of this year, the core elements of the Dodd-Frank Act will be substantially in place." A top priority, he said, is to complete the long-delayed Volcker Rule, a controversial provision that would ban federally insured banks from proprietary trading: using their own capital to make trades. Read more.

ANALYSIS OF DETROIT'S CHAPTER 9 FILING

BAD REAL ESTATE DEALS RETURN TO HAUNT DETROIT'S PENSIONS

A litany of real estate deals gone wrong is showing how Detroit's retirement system for 30,000 employees and retirees -- propped up by $1.4 billion in borrowed money -- became a cash cow for a select few, Bloomberg News reported today. Now, these bad investments are coming back to haunt workers and pensioners as Detroit Emergency Manager Kevyn Orr proposed slashing their benefits in the city's chapter 9 filing last week, the biggest municipal bankruptcy in U.S. history. Orr wants to restructure $18 billion in debt and long-term obligations and is asking some creditors to accept less than 20 cents on the dollar. Detroit's pensions are underfunded by as much as $3.5 billion in part because of unrealistic assumptions of 8 percent annual investment returns, Orr has said. The pensions say that the gap between assets and obligations to retirees is $700 million, according to a June 20 statement. "Detroit has been working its way to a level of insolvency for decades," Orr said at a news briefing after the bankruptcy filing. The city was "continuing to borrow, continuing to defer pension payments, continuing not to pay its bills on time, continuing a deepening insolvency." On July 19, a Michigan state court judge ruled that Detroit's chapter 9 filing violated the state's constitution by impairing pension benefits. Michigan's attorney general has appealed. Bankruptcy Judge Steven W. Rhodes in Detroit set a hearing for tomorrow to consider giving the city protection from lawsuits. Though authorities have investigated past investments authorized by the two pension boards, personnel changes have occurred on both with changes in city administrations. The present general retirement system trustees are acting responsibly, said the board's legal counsel, Michael VanOverbeke. In June, Orr ordered city investigators to review pension investments, as well as operations and other aspects of employee-benefit programs. Read more.

ABI will be holding a media teleconference tomorrow at 3:30 p.m. ET to examine Detroit's chapter 9 filing and what lies ahead. There are a limited number of spaces available to listen to the live program. If you would like to listen, please contact ABI Public Affairs Manager John Hartgen at jhartgen@abiworld.org.

ANALYSIS: DETROIT'S BANKRUPTCY REVEALS DYSFUNCTION COMMON IN CITIES

The financial pressures that pushed Detroit into becoming the largest municipal bankruptcy filing in U.S. history are also playing out on a smaller scale in cities around the nation, Bloomberg News reported yesterday. Diminished tax revenue and rising labor costs have left four cities insolvent since 2007. "None of the other cities are as far along, but there are dozens, if not hundreds of cities that have similar issues," said Alan Mallach, a senior fellow at the Brookings Institution. "Every other industrial city has problems that could send them down the same path." U.S. municipalities have recovered slowly from the 18-month recession that ended four years ago, which depressed property-tax revenue and led to investment losses for pensions that many cities haven't fully funded for years. Projected pension and health care obligations for the 61 biggest cities will top assets by about $217 billion, according to a study by the Pew Charitable Trusts, a Philadelphia-based research and public-policy group. Read more.

For an analysis of the situation in Detroit, municipal distress and chapter 9 bankruptcy, be sure to pick up a copy of ABI's Municipalities in Peril: The ABI Guide to Chapter 9, Second Edition, from the ABI Bookstore.

COMMENTARY: GETTING DETROIT BACK ON ITS FEET

There is no doubt that Detroit's bankruptcy proceedings will be very painful for Detroit's population of 700,000, but the bankruptcy case might also allow the city to be relieved of paying back its bondholders and banks much of the estimated $9 billion they lent to Detroit on overly rosy assumptions, according to an editorial in today's New York Times. This group of lenders and investors will, of course, push the city and state to also force concessions on city workers and retirees, whose pension funds are underfinanced by about $3.5 billion. But city officials should resist the idea of cutting the pension payments for the city's public workers, which average $19,000 a year. Unlike the situation in other troubled cities where government officials made lavish pension promises and workers gamed the system to inflate their benefits, Detroit's pension problems are quite modest. Moreover, city employees have already had their pay and benefits reduced significantly in recent years. Slashing the meager fixed incomes of retirees will also hurt the city's weak economy because they are more likely to spend most of the money they receive in local businesses. Labor unions also argue that Michigan's Constitution protects their pensions from cuts, which will set up a potentially long legal battle that the city can ill afford. Read the full editorial.

DID YOU MISS MONDAY'S abiLIVE WEBINAR DISCUSSING § 1111(b) ELECTION, PLAN FEASIBILITY AND CRAMDOWN ISSUES? RECORDING IS NOW AVAILABLE!

If you were not able to join Monday's well-attended abiLIVE webinar examining § 1111(b), a recording of the program is now available for downloading! Utilizing a case study, ABI's panel of experts explored the issues surrounding a lender's decision on whether or not to make an election under § 1111(b), plan feasibility and voting. The abiLIVE panel also walked attendees through the necessary mathematical analyses used to examine these issues. The 90-minute recording is available for the special price of $75 and can be purchased here.

NEW abiLIVE WEBINAR ON AUGUST 20: HOW WILL THE NEW U.S. TRUSTEE FEE GUIDELINES IMPACT YOU?

The new U.S. Trustee Fee Guidelines will affect all attorneys and firms who work on larger chapter 11 cases filed on or after November 1st. ABI's Ethics & Professional Compensation Committee will present a panel of experts, including Cliff White, the director of the U.S. Trustee Program, to discuss some of the ways the new guidelines could change day-to-day operations in firms, issues relating to the new market rate benchmarks, and how these changes might alter insolvency practice. Register today to hear government, attorney and academic perspectives on this important and timely topic.

ABI GOLF TOUR UNDERWAY; NEXT STOP IS THE MID-ATLANTIC BANKRUPTCY WORKSHOP IN AUGUST

The 5th stop for the ABI Golf Tour is the Hershey Country Club, in conjunction with the Mid-Atlantic Bankruptcy Workshop. Final scoring to win the Great American Cup — sponsored by Great American Group — is based on your top three scores at seven scheduled ABI events, so play as many as you can before the tour wraps up at the Winter Leadership Conference in December. See the Tour page for details and course descriptions. The ABI Golf Tour combines networking with fun competition, as golfers "play their own ball." Including your handicap means everyone has an equal chance to compete for the glory of being crowned ABI's top golfer of 2013! A 22-handicapper won the tour event last week at Amelia Island, Fla. There's no charge to register or participate in the Tour.

ABI IN-DEPTH

NORTON JUDICIAL EXCELLENCE AWARD NOMINATIONS OPEN UNTIL JULY 29

Nominations are now open for the 8th Annual Judge William L. Norton Judicial Excellence Award, to be presented during the ABI luncheon at the annual meeting of the National Conference of Bankruptcy Judges on Nov. 1, 2013. The award is presented by ABI and Thomson Reuters each year to the current or retired bankruptcy judge whose career embodies the same continued dedication and outstanding contributions to the insolvency community as the award’s namesake, Judge Norton. Nominations are considered by a committee made up of representatives from the Norton treatise and past ABI presidents. Nomination forms, which must be submitted by July 29, are available from Clay Mattson at Thomson Reuters (clay.mattson@thomsonreuters.com).

NEW ABI "BANKRUPTCY IN DEPTH" ON-DEMAND CLE PROGRAM LOOKS AT PRINCIPLES OF PROPERTY OF THE ESTATE: DEMYSTIFYING EQUITABLE INTERESTS

In this 90-minute seminar, Profs. Andrew Kull of Boston University School of Law and Scott Pryor of Regent University School of Law provide an in-depth analysis of a legal principle that has become, in their words, "a long-lost area of the law": § 541 of the Bankruptcy Code. Seeking to demystify what is meant by "property of the estate" and, in particular, the distinction between legal or equitable interests of the debtor in property, Kull and Pryor describe the legal entanglements that ensue when legal title belongs to one person but the equitable title belongs to someone else. The cost of the seminar, which includes written materials and qualifies for 1.5 hours of CLE, is $95. To order or to learn more, click here.

ASSOCIATES: ABI'S NUTS & BOLTS ONLINE PROGRAMS HELP YOU HONE YOUR SKILLS WHILE SAVING ON CLE!

Associates looking to sharpen their bankruptcy knowledge should take advantage of ABI's special offer of combining general, business or consumer Nuts & Bolts online programs. Each program features an outstanding faculty of judges and practitioners explaining the fundamentals of bankruptcy, offering procedures and strategies tailored for both consumer and business attorneys. Click here to get the CLE you need at a great low price!

NEW CASE SUMMARY ON VOLO: ISAACSON V. MANTY (IN RE ISAACSON; 8TH CIR.)

Summarized by Bryan Robinson of the Law Offices of Bryan Robinson

The U.S. Court of Appeals for the Eighth Circuit upheld the district court's affirmation of the bankruptcy courts imposition of sanctions against the plaintiff (Isaacson) for making factually unsupported, inflammatory and harassing statements against the bankruptcy judge, the bankruptcy trustee, the bankruptcy court and the U.S. Trustee's Office, according to documents filed with the court.

There are more than 900 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: FURTHER EXAMINATION OF DETROIT'S CHAPTER 9 FILING

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post takes a closer look at the issues surrounding Detroit's chapter 9 filing.

Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll

When will the dowward trend of consumer bankruptcy filings turn around?

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

INSOL INTERNATIONAL

INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 37 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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  CALENDAR OF EVENTS
 

2013

August
- Mid-Atlantic Bankruptcy Workshop
    August 8-10, 2013 | Hershey, Pa.
- abiLIVE Webinar: How Will the New U.S. Trustee Fee Guidelines Impact You?
     August 20, 2013
- Southwest Bankruptcy Conference
    August 22-24, 2013 | Incline Village, Nev.

September
- ABI Endowment Golf & Tennis Outing
    Sept. 10, 2013 | Maplewood, N.J.
- ABI Endowment Baseball Game
    Sept. 12, 2013 | Baltimore, Md.
- Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization
    Sept. 18-19, 2013 | New York
- abiLIVE Webinar: Complex Requirements and Ethical Duties of Representing Consumer Debtors
     Sept. 24, 2013
- Bankruptcy 2013: Views from the Bench
    Sept. 27, 2013 | Washington, D.C.

 

  

 

October
- Midwestern Bankruptcy Institute Program and Midwestern Consumer Forum
    Oct. 4, 2013 | Kansas City, Mo.
- ABI Endowment Football Game
    Oct. 6, 2013 | Miami, Fla.
- Professional Development Program
    Oct. 11, 2013 | New York, N.Y.
- Chicago Consumer Bankruptcy Conference
    Oct. 14, 2013 | Chicago, Ill.
- International Insolvency Symposium
    Oct. 25, 2013 | Berlin, Germany

November
- Austin Advanced Consumer Bankruptcy Practice Institute
   Nov. 10-12, 2013 | Austin, Texas
- Detroit Consumer Bankruptcy Conference
   Nov. 11, 2013 | Detroit, Mich.

December
- ABI/St. John’s Bankruptcy Mediation Training
    Dec. 8-12, 2013 | New York

 

 
 
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U.S. Trustee Program Announces Settlement with Citigroup to Protect Consumers Personal Information in Bankruptcy Cases

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The U.S. Trustee Program (USTP) on Monday announced the unsealing of a settlement with Citigroup Inc. to protect the personal information of nearly 150,000 consumers in 85 jurisdictions around the country. Citi agreed to redact proofs of claim filed in bankruptcy cases nationwide in which the personal information of consumer debtors and third parties, including Social Security numbers and birthdates, had not been properly redacted as required by the bankruptcy rules. Citi also agreed to notify all affected consumers and offer them one year of free credit monitoring. An independent auditor appointed under the settlement is reviewing the accuracy of the correction process. The settlement, approved by the U.S. Bankruptcy Court for the Southern District of New York on March 13, 2012, had been sealed to prevent potential wrongdoers from learning of the breach and victimizing the affected consumers. On July 11, 2013, the bankruptcy court granted the parties’ motion to unseal the proceedings. Click here to read the USTP release.

Casey Anthony Wins Partial Victory in Bankruptcy Court

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A Florida bankruptcy judge granted, in part, Casey Anthony’s request to dismiss the charges filed against her by a nonprofit organization that aided in the search for her daughter, NBCNews.com reported yesterday. The plaintiff, Texas EquuSearch, organizes search efforts for missing persons and claims that in 2008, it spent over $100,000 searching for Anthony’s daughter, Caylee Marie Anthony, who was presumed missing at the time. In documents provided by the court, Texas EquuSearch stated that Anthony enlisted the organization’s help in the search for her daughter even though she knew at the time the 2-year-old girl was dead. When Caylee's body was later found, Anthony claimed her daughter had drowned in the family’s swimming pool. Anthony was charged with Caylee’s murder but was acquitted in a high-profile trial in 2011. She was convicted of four misdemeanors, two of which were reversed on appeal, for lying to law enforcement. Texas EquuSearch was in the process of suing Anthony when she filed for chapter 7 bankruptcy earlier this year.

Bankruptcy Filings Fall 14 Percent for the First Half of 2013 Commercial Filings Drop 25 Percent

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Total bankruptcy filings totaled 544,390 nationwide during the first six months of 2013 (Jan. 1-June 30), a 14 percent decrease from the 632,541 total filings during the same period a year ago, according to data provided by Epiq Systems, Inc. The 520,919 total noncommercial filings for the first half of 2013 represented a 13 percent drop from the noncommercial filing total of 601,453 for the first half of 2012. Total commercial filings during the first six months of the year were 23,471, representing a 25 percent decrease from the 31,088 filings during the same period in 2012. Commercial chapter 11 filings also fell during the first half of 2013 as the 3,445 filings represented a 16 percent decrease from the 4,120 commercial chapter 11 filings during the first six months of 2012. To read the full statistical release, please click here: http://news.abi.org/press-releases/bankruptcy-filings-fall-14-percent-f…

Actress Kelly Rutherford Files for Bankruptcy

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Kelly Rutherford is broke and she's filed for chapter 7 bankruptcy listing her legal fights in divorce and child custody as the major source of her debts, TMZ.com reported yesterday. Rutherford claimed in court documents that she had assets totaling $23,937 with debts totaling $2,021,832. According to the report, Rutherford spent nearly $1.5 million on legal fees for her bitter divorce/custody war with former husband Daniel Giersch.

Lenny Dykstra Released from California Prison After Serving Bankruptcy Fraud Sentence

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Former All-Star outfielder Lenny Dykstra has been released from a California prison after serving time for bankruptcy fraud, the Associated Press reported on Friday. Dykstra, who had a 12-year career with the New York Mets and Philadelphia Phillies, was freed, according to federal Bureau of Prisons records, but no other details were available. Dykstra was sentenced in December to 6 and a half months in prison for hiding baseball gloves and other heirlooms from his playing days that were supposed to be part of his bankruptcy filing. He already had served seven months in custody awaiting sentencing. The prison term ran concurrently with a three-year sentence for pleading no contest to grand theft auto and providing a false financial statement.

Halsey Minor Tries Again for Bankruptcy After Missed Deadline

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Halsey Minor, the CNET Networks Inc. founder who filed for bankruptcy last month, is seeking to reinstate his case after it was dismissed, saying that he should not be punished because his attorney missed a deadline for handing in documents, Bloomberg News reported on Saturday. The personal chapter 7 bankruptcy case, filed five years after Minor sold CNET for $1.8 billion, was dismissed on June 13 by a bankruptcy court over a “failure to file schedules, statements and/or plan,” according to an order posted in the online docket for the case. The documents include detailed lists of assets and explanations of a debtor’s state of affairs, which are required by judges. Minor listed assets of more than $32 million and debt of more than $104 million in court papers filed June 7. Minor’s attorney said that additional information was needed to complete the statement of financial affairs by the deadline and he “elected to file a complete and correct” document past the deadline. All required documents have now been filed, according to court papers.

CNET Founders Bankruptcy Thrown Out Over Missed Deadline

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Halsey Minor, the CNET Networks Inc. founder who filed for bankruptcy last month—five years after selling the company for $1.8 billion—lost access to court protection after missing a deadline for handing in documents, Bloomberg News reported today. The personal chapter 7 bankruptcy case was dismissed yesterday by a bankruptcy court over a “failure to file schedules, statements and/or plan,” according to an order posted in the online docket for the case. The documents include detailed lists of assets and explanations of a debtor’s state of affairs, which are required by judges. The June 7 deadline was missed by a few days and the documents were filed this week, David Shemano, Minor’s lawyer with Peitzman Weg LLP in Los Angeles. Minor will seek to have the case reinstated, Shemano said, adding that such requests are routinely granted. Minor filed the bankruptcy petition on May 24, listing assets of as much as $50 million and debt of as much as $100 million.

May Bankruptcy Filings Decrease 12 Percent from Previous Year Business Filings Decrease 25 Percent

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Total bankruptcy filings in the United States decreased 12 percent in May over last year, according to data provided by Epiq Systems, Inc. Bankruptcy filings totaled 96,430 in May 2013, down from the May 2012 total of 109,538. Consumer filings declined 11 percent to 92,413 from the May 2012 consumer filing total of 104,197. Total commercial filings in May 2013 decreased to 4,017, representing a 25 percent decline from the 5,341 business filings recorded in May 2012. Total commercial chapter 11 filings also decreased 25 percent to 537 filings in May 2013 from the 716 commercial chapter 11 filings in May 2012. Total bankruptcy filings for the month of May decreased 4 percent compared to the 100,732 total filings in April 2013. Total noncommercial filings in May decreased 4 percent from the April 2013 noncommercial filing total of 96,350. Commercial filings decreased 8 percent in May from the April commercial filing total of 4,382. May commercial chapter 11 filings decreased 24 percent when compared to the 704 filings recorded the previous month. To read the full statistical press release for May, please click here: http://news.abi.org/press-releases/may-bankruptcy-filings-decrease-12-p…

Senate Deadlocks on Student Loans

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ABI Bankruptcy Brief | June 6 2013


 


  

June 6, 2013

 

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  NEWS AND ANALYSIS   

SENATE DEADLOCKS ON STUDENT LOANS



In what is becoming an annual June ritual, the Senate deadlocked today over federal student loan interest rates, with no consensus in sight on how to prevent rates on certain loans from doubling for about 7 million borrowers on July 1, the Washington Post reported today. Amid a swirl of competing proposals from lawmakers and the White House, preliminary votes showed that no Senate bills have the 60 votes needed to overcome a filibuster in the Democratic-led chamber. A Republican bill to peg rates on a variety of loans to the yield on the government’s 10-year Treasury bill, plus 3 percentage points, was blocked today on a 40 to 57 vote. A Democratic bill to freeze for two years the current 3.4 percent rate for subsidized loans to students in financial need also was thwarted. A procedural vote on the bill was 51 to 46, nine short of the 60 needed. The votes were largely symbolic measures expected to fail short of an agreement. Read more.

SEC PROPOSES CHANGES TO MONEY-MARKET FUND RULES



The portion of the money-market fund industry that suffered extreme disruptions during the financial crisis would be revamped under a plan proposed yesterday by federal regulators, who have been struggling to address the industry’s vulnerabilities for years, the Washington Post reported today. The nearly $3 trillion industry has fiercely opposed major changes to money-market funds, but regulators have persisted, citing the losses and panic they sparked during the crisis. These mutual funds have been popular with investors because they have been perceived to be as reliable as savings accounts. But that perception was shattered in September 2008, when a major money-market fund “broke the buck,” meaning its value fell below $1 a share. A run on money-market funds ensued, with investors withdrawing $300 billion in a week. The government intervened and temporarily guaranteed that investors would be repaid. The SEC said that its plan is designed to avoid a repeat of the meltdown. The agency offered two alternatives focused solely on “prime” funds, which invest in short-term corporate debt. The options could be adopted separately or in combination, depending on the public feedback the SEC receives during the next three months. A plan could be finalized this year, experts tracking the issue said. Read more.

INVESTORS RETURN TO RISKY "SYNTHETIC CDOS"



Investors are once again clamoring for a risky investment blamed for helping unleash the financial crisis: synthetic collateralized debt obligations (CDOs), the Wall Street Journal reported today. In a sign of how hard Wall Street is trying to satisfy voracious demand for higher returns amid rock-bottom interest rates, JPMorgan Chase & Co. and Morgan Stanley bankers in London are moving to assemble the synthetic CDOs. Basic CDOs pool bonds and offer investors a slice of the pool. Synthetic CDOs pool insurance-like derivative contracts on the bonds, rather than the bonds themselves. Like their crisis-era predecessors, the new CDOs would be sliced up into different levels of risk and returns. Investors who want a chance at the highest returns would have to buy the riskiest slice. While spreading risk in some ways, synthetic CDOs also can multiply the financial damage if companies fall behind on their debt payments. During the financial crisis, CDOs pegged to soured mortgage loans caused losses to careen around the world. Some details of the deals being worked on at J.P. Morgan and Morgan Stanley aren't clear, including the size of the CDOs and which investment firms have expressed an interest in buying slices of them. Read more. (Subscription required.)

REGULATORS INVESTIGATING "DARK POOL" STOCK TRADING



The Financial Industry Regulatory Authority (Finra), Wall Street's self-regulatory body, last month sent 15 examination letters to operators of "dark pools"—lightly regulated, off-exchange trading venues that have been a rising concern for regulators and some investors as more activity shifts away from exchanges, the Wall Street Journal reported today. Finra is seeking details about how the increasingly popular venues operate, what they disclose to clients and whether they adequately police trades. It could bring enforcement actions against dark-pool operators or issue recommendations for tighter oversight, depending on the answers it receives and additional examinations, said John Malitzis, executive vice president of market regulation at Finra. The letters are a follow-up to an initial round of questions the regulator circulated last fall. "We want to understand whether [dark pools] are disclosing to their customers how their orders work [and] whether customers are informed who their orders will interact with," Malitzis said in an interview. "A big part of this is to get an understanding of practices that may or may not be problematic." Read more. (Subscription required.)

U.S. HOUSEHOLD WORTH TOPS PRE-RECESSION PEAK FOR FIRST TIME



Household wealth in the U.S. jumped to a record in the first quarter, exceeding its pre-recession peak for the first time, bolstered by gains in the stock and housing markets that are helping Americans mend finances, Bloomberg News reported today. Net worth for households and nonprofit groups increased by $3 trillion from January through March, or 4.5 percent from the previous three months, to $70.3 trillion, the Federal Reserve said today in its financial accounts report, previously known as the flow-of-funds survey. Household wealth eclipsed its pre-recession level as gains in the stock and housing markets are helping Americans withstand an increase in the payroll tax this year. Household net worth is $2.29 trillion above its pre-recession peak of $68.1 trillion reached in the third quarter of 2007. It was at $67.3 trillion in the last three months of 2012. Read more.

REPORT: ENTITLEMENT CHANGES TO PUT SENIORS AT FINANCIAL RISK



The Economic Policy Institute reported that nearly half of the nation’s elderly population is “economically vulnerable” and would be particularly hard hit by even modest changes in the Social Security and Medicare programs being considered to slow the growth of the nation’s long-term debt, the Washington Post reported today. The report said that 48 percent of the elderly population earns less than double the supplemental poverty threshold, putting those seniors at financial risk if their income is cut even slightly. Older blacks and Hispanics are especially vulnerable, the report said, as the vast majority of them live on the financial edge. Read more.

LIVE WEBCAST AVAILABLE FOR ABI'S CHAPTER 11 REFORM COMMISSION HEARING TOMORROW LOOKING AT USE OF EXAMINERS, LABOR ISSUES AND PROBLEMS IN RESTRUCTURING TODAY'S COMPANIES



ABI’s Commission to Study the Reform of Chapter 11 will hold its seventh public hearing of 2013 on Friday from 3-5 p.m. CT (4-6 p.m. ET) at the Association of Insolvency & Restructuring Advisors (AIRA) 29th Annual Bankruptcy Restructuring Conference at the Westin Chicago River North; Chicago, Ill. The hearing will feature witness testimony from two leading scholars on the use of examiners in bankruptcy and labor issues including § 1113 and 1114. A panel of experts from the AIRA will also identify current problems faced by financial advisors. To view the witness list and watch a live webcast of the hearing tomorrow, please visit http://commission.abi.org.

ABI WEBSITE (ABI.ORG) WILL BE DOWN THIS WEEKEND FOR SCHEDULED MAINTENANCE



From 10 p.m. ET on Friday, June 7, through Sunday evening, June 9, the ABI homepage (abi.org) will be down for scheduled maintenance. During this period, members will not be able to access certain features, including registering for conferences, printing and viewing CLE certificates, and purchasing publications. Other ABI sites, like Search.abi.org, Volo.abi.org, Journal.abi.org, law.abi.org, blogs.abi.org and news.abi.org, will be operational during this time, but users may experience limited functionality. ABI intends to limit this downtime as much as possible. If you have any questions, please email support@abiworld.org.

NEW ABI LIVE WEBINAR ON JULY 15 WILL FOCUS ON THE § 1111(b) ELECTION, PLAN FEASIBILITY AND CRAMDOWN ISSUES



Utilizing a case study, ABI's panel of experts on July 15 will explore issues surrounding a lender’s decision on whether or not to make an election under § 1111(b), plan feasibility and voting. The abiLIVE panel will also walk attendees through the necessary mathematical analyses used to analyze these issues. The webinar will take place from 1-2:15 p.m. ET. Special ABI member rate available! Click here to register.

ABI GOLF TOUR UNDERWAY; NEXT STOP IS CENTRAL STATES BANKRUPTCY WORKSHOP NEXT WEEK



Rob Schwartz and Scott Gautier are tied at 34 Stableford Points atop the closely bunched leaderboard after the ABI Golf Tour's first stop at Lake Presidential Golf Club. Next up for the Tour is the famed Bear course at the Grand Traverse Resort at the Central States Bankruptcy Workshop on June 14. Final scoring to win the Great American Cup—sponsored by Great American Group—is based on your top three scores at seven scheduled ABI events, so play as many as you can before the tour wraps up at the Winter Leadership Conference in December. See the Tour page for details and course descriptions. The ABI Golf Tour combines networking with fun competition, as golfers "play their own ball." Including your handicap means everyone has an equal chance to compete for the glory of being crowned ABI's top golfer of 2013! There's no charge to register or participate in the Tour, and women are most welcome.

ABI IN-DEPTH

NEW ABI "BANKRUPTCY IN DEPTH" ON-DEMAND CLE PROGRAM LOOKS AT PRINCIPLES OF PROPERTY OF THE ESTATE: DEMYSTIFYING EQUITABLE INTERESTS



In this 90-minute seminar, Profs. Andrew Kull of Boston University School of Law and Scott Pryor of Regent University School of Law provide an in-depth analysis of a legal principle that has become, in their words, "a long-lost area of the law": § 541 of the Bankruptcy Code. Seeking to demystify what is meant by "property of the estate" and, in particular, the distinction between legal or equitable interests of the debtor in property, Kull and Pryor describe the legal entanglements that ensue when legal title belongs to one person but the equitable title belongs to someone else. The cost of the seminar, which includes written materials and qualifies for 1.5 hours of CLE, is $95. To order or to learn more, click here.

ASSOCIATES: ABI'S NUTS & BOLTS ONLINE PROGRAMS HELP YOU HONE YOUR SKILLS WHILE SAVING ON CLE!



Associates looking to sharpen their bankruptcy knowledge should take advantage of ABI's special offer of combining general, business or consumer Nuts & Bolts online programs. Each program features an outstanding faculty of judges and practitioners explaining the fundamentals of bankruptcy, offering procedures and strategies tailored for both consumer and business attorneys. Click here to get the CLE you need at a great low price!

NEW CASE SUMMARY ON VOLO: STEINBERG V. BANK OF AMERICA N.A. (IN RE STEINBERG; 10TH CIR.)



Summarized by Andrew Johnson of Onsager, Staelin & Guyerson

The Tenth Circuit Bankruptcy Appellate Panel reversed the bankruptcy court's order granting relief from stay to Bank of America to foreclose on the debtor's house because the bankruptcy court failed to conduct an evidentiary hearing on whether Bank of America was in possession of the note secured by debtor's residence, or if Bank of America had some other legal basis to enforce the note. The court rejected Bank of America's argument that a debtor's failure to schedule a debt as disputed estops the debtor from challenging relief from stay.

There are more than 900 appellate opinions summarized on Volo, and summaries typically appear within 24 hours of the ruling. Click here regularly to view the latest case summaries on ABI’s Volo website.

NEW ON ABI’S BANKRUPTCY BLOG EXCHANGE: FURTHER EXAMINATION OF GE AND CITI'S SETTLEMENTS WITH FHFA

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A new blog post takes a closer look at the reason behind GE and Citi's recent settlements with the Federal Housing Finance Agency (FHFA).

Be sure to check the site several times each day; any time a contributing blog posts a new story, a link to the story will appear on the top. If you have a blog that deals with bankruptcy, or know of a good blog that should be part of the Bankruptcy Exchange, please contact the ABI Web team.

ABI Quick Poll

Bankruptcy courts should implement constructive trusts in any case where applicable state law would recognize them.

Click here to vote on this week's Quick Poll. Click here to view the results of previous Quick Polls.

INSOL INTERNATIONAL



INSOL International is a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency. There are currently 37 member associations worldwide with more than 9,000 professionals participating as members of INSOL International. As a member association of INSOL, ABI's members receive a discounted subscription rate. See ABI's enrollment page for details.

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NEXT WEEK:

 

 

CSBW 2013

June 13-16, 2013

Register Today!

 

 

COMING UP

 

 

 

Golf Tournament 2013

June 14, 2013

Register Today!

 

 

INSOL’s Latin American Regional Seminar in São Paulo, Brazil

June 13, 2013

Register Today!

 

 

NE 2013

July 11-14, 2013

Register Today!

 

 

abiLIVEJuly

July 15, 2013

Register Today!

 

 

SEBW 2013

July 18-21, 2013

Register Today!

 

 

MA 2013

Aug. 8-10, 2013

Register Today!

 

 

SW 2013

Aug. 22-24, 2013

Register Today!

 

 

NYIC Golf Tournament 2013

Sept. 10, 2013

Register Today!

 

 

Endowment Baseball 2013

Sept. 12, 2013

Register Today!

 

 

VFB2013

Sept. 27, 2013

Register Today!

 

 

MW2013

Oct. 4, 2013

Register Today!

 

 

Endowment Football 2013

Oct. 6, 2013

Register Today!

 

 

Detroit

Oct. 14, 2013

Register Today!

 

 

Detroit

Nov. 11, 2013

Register Today!

 

 

40-Hour Mediation Program

Dec. 8-12, 2013

Register Today!



 

   
  CALENDAR OF EVENTS
 

2013

June

- Central States Bankruptcy Workshop

     June 13-16, 2013 | Grand Traverse, Mich.

- INSOL’s Latin American Regional Seminar

     June 13, 2013 | São Paulo, Brazil

- Charity Golf Tournament

     June 14, 2013 | City of Industry, Calif.

July

- Northeast Bankruptcy Conference and Northeast Consumer Forum

     July 11-14, 2013 | Newport, R.I.

- abiLIVE Webinar

     July 11-14, 2013 | Newport, R.I.

- Southeast Bankruptcy Workshop

     July 18-21, 2013 | Amelia Island, Fla.

August

- Mid-Atlantic Bankruptcy Workshop

    August 8-10, 2013 | Hershey, Pa.

- Southwest Bankruptcy Conference

    August 22-24, 2013 | Incline Village, Nev.

September

- ABI Endowment Golf & Tennis Outing

    Sept. 10, 2013 | Maplewood, N.J.


  




- ABI Endowment Baseball Game

    Sept. 12, 2013 | Baltimore, Md.

- Bankruptcy 2013: Views from the Bench

    Sept. 27, 2013 | Washington, D.C.

October

- Midwestern Bankruptcy Institute Program and Midwestern Consumer Forum

    Oct. 4, 2013 | Kansas City, Mo.

- ABI Endowment Football Game

    Oct. 6, 2013 | Miami, Fla.

- Chicago Consumer Bankruptcy Conference

    Oct. 14, 2013 | Chicago, Ill.

November

- Detroit Consumer Bankruptcy Conference

   Nov. 11, 2013 | Detroit, Mich.

December

- ABI/St. John’s Bankruptcy Mediation Training

    Dec. 8-12, 2013 | New York


 
 

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