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Detroit Filing Opinion

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Detroit Filing Opinion



ABI Bankruptcy Brief | July 30, 2013


 


  

July 30, 2013

 

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  NEWS AND ANALYSIS   

DETROIT

JUDGE PROPOSES FAST PACE IN DETROIT BANKRUPTCY CASE



Bankruptcy Judge Steven Rhodes today set key dates in Detroit's bankruptcy case that indicate his intention to accelerate the process, the Detroit Free Press reported today. Judge Rhodes proposed an Aug. 19 deadline for all motions arguing against Detroit's eligibility for chapter 9 bankruptcy and that a trial on that question will begin Oct. 23rd. Detroit Emergency Manager Kevyn Orr asked the judge to set a one-month deadline for objections to the city's right to file for bankruptcy. The eligibility question has taken more than a year to resolve in some of the municipal bankruptcies of the last five years. Attorneys for the city have argued in court filings that they negotiated "in good faith" with the city's creditors before filing for bankruptcy. The city also argued that it is insolvent, one key criteria allowing municipalities to file for bankruptcy. Several creditors, including labor groups, have signaled they plan to challenge the city's eligibility to file for bankruptcy. The city's pension boards have accused Orr's team of failing to negotiate in good faith over changes to retiree pensions. Judge Rhodes also proposed March 1 as a deadline for the city to file a plan of adjustment. Judge Rhodes plans to consider any questions or concerns about his proposed schedule on Friday during a court hearing in Detroit. Read more.

Looking for this court document or the referenced state statutes in the Detroit bankruptcy case? The latest news stories and analysis? Audio and video of experts examining the issues of the case? ABI has all those items and more on ABI's Detroit Bankruptcy Resources webpage. As new developments break and filings are registered with the court throughout the proceeding, ABI's Detroit webpage will keep you up-to-date on the proceeding. Make sure to bookmark and regularly visit http://news.abi.org/detroit.

ANALYSIS: DETROIT BANKRUPTCY UNDERSCORES RIFT BETWEEN CITY, SUBURBS



A generations-long divide between Detroit, where the per-capita income is $15,261, and its suburbs, such as Birmingham, Mich., where it's $67,580, is raising questions about how affluence can co-exist alongside poverty, and whether urban areas with declining populations can thrive, according to a Bloomberg News analysis yesterday. Detroit became the fourth-largest U.S. city by 1950 with the growth of the auto industry, when the companies that are now General Motors Co., Ford Motor Co. and Chrysler Group LLC churned out cars. Since then, 1 million residents have left for places such as Oakland County, where the population more than tripled to 1.2 million. That county is the state's wealthiest, according to the U.S. Bureau of Economic Analysis statistics. Cities such Birmingham and Bloomfield Hills, where auto executives and former Republican presidential candidate Mitt Romney lived, are about 20 miles from Detroit. The disparity between rich and poor increased over the past decade as Detroit "got hammered" during the longest recession since the 1930s, said Kurt Metzger, director of Data Driven Detroit, a nonprofit organization that tracks social, economic and environmental indicators. Read more.

U.S. REGULATORS MOVING CAUTIOUSLY ON MORTGAGE REFORMS

U.S. bank regulators, wary of upsetting the fragile housing market, are moving cautiously in fashioning dozens of new rules to prevent reckless underwriting and other mortgage market abuses, Reuters reported yesterday. In implementing the 2010 Dodd-Frank financial reform law, regulators have said that they are sensitive to arguments from a rare alliance of both lenders and consumer groups that too-tough rules could hamper credit availability. A cooperative relationship has developed between banks and the newly created Consumer Financial Protection Bureau (CFPB), which has broad authority to regulate mortgage lending. Consumer groups and lenders said that the CFPB struck a balance with its first major mortgage rules, including a requirement released in January that lenders be able to verify that borrowers could repay loans. Since then, bank lobbyists say bureau officials remain attuned to their concerns about complying with the many new rules. In some cases, the bureau has even revisited final rules and amended technical aspects in response to banks' comments. Read more.

COMMENTARY: NOT TOO BIG TO FAIL



New rules on bank capital, recently proposed by the Federal Deposit Insurance Corp. and other bank regulators, are a welcome step toward a safer and sounder financial system, according to an editorial in yesterday's New York Times. Big banks will likely argue that the new rules will impede their ability to thrive and, in the process, harm the economy. But their profits are soaring, even as the economy is slowing down, a situation that makes their shopworn anti-regulatory argument all the more threadbare, according to the editorial. It is not the banks that need protection from regulation, but rather it is the public that needs protection from banks that are regarded as too big to fail. The new rules would require the nation's biggest banks to hold significantly more capital than is required under international agreements. Higher capital requirements are a start, according to the editorial, but tighter regulations reducing complexity and risks are also necessary, including an iron-clad Volcker Rule prohibiting excessive speculation. Read the full editorial.

CITIES BEGIN HIRING AGAIN



Cities across the U.S. are starting to hire new teachers, firefighters and police officers, as a prolonged slide in local-government employment appears to have bottomed out, four years after the recession ended, the Wall Street Journal reported today. Municipal police academies in Massachusetts are running at capacity as communities train new officers, while Minneapolis recently added nearly two dozen firefighters, ending a five-year hiring freeze. The school district for Clark County, Nev., which includes Las Vegas, is hiring 700 new teachers this year, the first sizable boost in its workforce in five years. Monthly jobs data from the Labor Department show that local governments, which make up about 65 percent of the overall government workforce, added workers in seven of the past eight months, the longest such streak in five years. So far this year, 46,000 new jobs have been created on a seasonally adjusted basis. Local-government employment through June stood at 14.08 million, the highest level in more than a year and a half, though still well below a peak of 14.61 million in mid-2008. Read more. (Subscription required.)

IN CASE YOU MISSED IT - 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.

ABILIVE WEBINAR ON SEPT. 24 TO EXAMINE THE COMPLEX REQUIREMENTS AND ETHICAL DUTIES OF REPRESENTING CONSUMER DEBTORS



The abiLIVE webinar on Sept. 24 will feature a panel of experts discussing the ethical and compensation issues that can arise while representing chapter 7 and 13 debtors as well as individual chapter 11 debtors. Topics covered include client fraud and an attorney's duty to verify client information, attorney fee structures, and complex issues in individual chapter 11 cases. The panel includes perspectives from the attorneys and trustees, as well as the academic reporter for the ABI Ethics Task Force. Click here to register.

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



The 5th stop for the ABI Golf Tour is the Hershey Country Club, in conjunction with next week's 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

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: WILLMS V. SANDERSON (9TH CIR.)



Summarized by Tom Phinney of Parkinson Phinney

The Ninth Circuit held that the 60-day time limit provided in Bankruptcy Rule 4007(c) for filing a nondischargeability complaint under § 523 was improperly extended sua sponte by the bankruptcy court where (1) the creditor's motion for extension referenced §§ 727 and 707, and did not reference § 523; and (2) no cause for the extension was shown. The Ninth Circuit ordered the nondischargeability complaint dismissed with prejudice as having been untimely filed.

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: WHAT HAPPENS TO A CORPORATION'S ATTORNEY/CLIENT PRIVILEGE IN BANKRUPTCY?

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post examines what happens to a corporation's attorney/client privilege when the corporation files for bankruptcy.

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

A class of claims should not be considered impaired for purposes of § 1129(a)(10) if the impairment results from the plan proponents' exercise of discretion (i.e., artificial impairment) and not driven by economic need. (In re Village at Camp Bowie I LP).

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.

- Professional Development Program

    Oct. 11, 2013 | New York, N.Y.


  


- Chicago Consumer Bankruptcy Conference

    Oct. 14, 2013 | Chicago, Ill.

- International Insolvency & Restructuring Symposium

    Oct. 25, 2013 | Berlin, Germany

November

- Complex Financial Restructuring Program

   Nov. 7, 2013 | Philadelphia, Pa.

- Corporate Restructuring Competition

   Nov. 7-8, 2013 | Philadelphia, Pa.

- 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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Judge Proposes Fast Pace in Detroit Bankruptcy Case
Attachment

Detroit Filing Opinion



ABI Bankruptcy Brief | October 10, 2013



 
  

October 10, 2013

 
home  |  newsroom  |  chart of the day  |  blogs  |  bankruptcy code and rules  |  statistics  |  legislative news  |  volo
  NEWS AND ANALYSIS   

COMMENTARY: IS DETROIT’S BANKRUPTCY A BID TO BUST UNIONS?

While Detroit’s bankruptcy has often been portrayed as “a cautionary tale about what can happen when a once great American city is run into the ground by poor leadership and pensions run amok,” Paul Alexander, a former Time reporter who now blogs for the Huffington Post suggests in a commentary that it is “yet another battle between Republicans and public employee unions.” Alexander bases his analysis on the close political ties between Michigan Gov. Rick Snyder and conservative donors, including the DeVos family and the Koch brothers, who strongly supported the state’s right-to-work legislation pushed through by Snyder last December. That effort prompted AFL-CIO president Richard Trumka to label Gov. Snyder a "puppet of extreme donors" whose actions "will diminish the voice of every working man and woman in Michigan." According to Alexander, critics contend Snyder believes that police, fire, and city retirees are “unsecured creditors, like bondholders, under U.S. bankruptcy law and aren't exempt from potential cuts.” Those 20,000 retired workers are owed $3.5 billion in pensions and $5.7 billion in health coverage, a significant portion of Detroit’s estimated $18 billion debt. Should they be forced, through bankruptcy, to surrender up to 90 percent of that money, as some union leaders estimate, it would represent, “a devastating blow to organized labor not just in Detroit but across the state and country,” according to Alexander. On September 19, Bankruptcy Judge Steven Rhodes, who is overseeing Detroit’s chapter 9 case, heard 45 of 109 individuals who filed papers to be allowed to speak to the court and explain why the bankruptcy should not be allowed to proceed. After listening to the testimony, which Judge Rhodes characterized as “extraordinary,” he was so moved, Alexander writes, that “he ordered Orr and Governor Snyder, who were not present in court, to listen to a recording of the hearing. ‘I think,’ Rhodes said from the bench, ‘democracy demands nothing less than they personally listen to what the citizens of this city said in this court today.’ ” Click here to read the full commentary.

GAO TO DECIDE QUESTION OF “TOO BIG TO FAIL”

Big banks argue that government subsidies, such as those that limited the meltdown of large financial institutions during fall of 2008 and early 2009, have been curtailed or even eliminated by the Dodd-Frank financial reform act passed in 2010. Now, according to Simon Johnson, writing on the New York Times Economix blog, a forthcoming assessment by the General Accounting Office will pass official judgment on the question. But Johnson suggests that the GAO would do well to look past the opinions of such insider banking groups as the Clearing House Association, and more toward independent researchers; both groups were represented at a conference on “too big to fail” banks last week at New York University. Johnson cites one of the independent papers, which concluded that “large institutions could borrow more cheaply from private lenders, presumably because the implicit government guarantee lowered the credit risk for those firms relative to their smaller competitors. They also find that ‘passage of Dodd-Frank did not eliminate expectations of government support’ — meaning this advantage in credit markets persists in the data.” Another paper found that, “at the peak of the crisis, the risk that the financial sector would collapse as a whole was substantially underpriced relative to the risk of failure of individual financial firms. This may sound technical but it is actually quite profound; it means the markets expected a rescue of some form at the systemwide level.” Johnson concedes that the GAO report could still support the banks’ contention that government subsidies have been eliminated, but includes a cautionary note in the form of an Upton Sinclair quotation: “It is difficult to get a man to understand something when his salary depends upon his not understanding it.” Read more.

PETTERS FALLOUT ENGULFS TWO POWERHOUSE LAW FIRMS

Bankruptcy Judge Paul G. Hyman, Jr. (S.D.Fl.) has green-lighted a massive Ponzi scheme lawsuit against one of the biggest law firms in the United States, Fulbright & Jaworski, according to an article in yesterday’s South Florida Business Journal. The ruling opens the way for a $718 million malpractice suit by Palm Beach Finance, which claims that Fulbright failed to advise them to file for bankruptcy following the explosion of the Tom Petters Ponzi scheme. The judge may also block Fulbright from recovering the fees it tried to charge Palm Beach Finance, which was heavily tied to Petters’ business. After Petters’ fraud was exposed in October 2008, Palm Beach delayed filing for bankruptcy for more than a year, at which time it had amassed debts of $1 billion. According to the South Florida Business Journal, two Miami powerhouse bankruptcy firms are involved. Michael Budwick of Meland Russin & Budwick represents the fund receiver Barry Mukamal; Scott Baena of Bilzin Sumberg represents Fulbright. Petters, meanwhile, is serving 50 years in prison for running the third-largest Ponzi scheme in the nation. Read more. (Subscription required.)

GOVERNMENT SHUTDOWN DELAYS MEDICAL SUPPLIER’S BANKRUPTCY EXIT

As Congress and the White House fitfully discuss ways to avert the country’s debt crisis and end the stalemate that has shuttered the government for more than a week, the shutdown has been blamed for the disruption of a California bankruptcy case. Lawyers for the Centers for Medicare and Medicaid Services persuaded Bankruptcy Judge Mark Wallace on Monday to delay a court hearing that could have allowed a California medical supplier, American Medical Technologies, to get out of chapter 11 protection. In papers filed with the U.S. Bankruptcy Court in Santa Ana, Calif., U.S. Department of Justice attorney Seth Shapiro said that CMS employees, furloughed by the government shutdown, are prohibited from working, and thus can’t evaluate AMT’s plan to repay the $76 million that the agency says it’s owed. “It’s not [AMT’s] fault if the government can’t keep its house in order,” said Scotta McFarland, AMT’s attorney, during Monday’s hearing after pointing out that Justice Department attorneys have the power to ask for special permission to keep working on cases. Judge Wallace, who reset the company’s bankruptcy-exit hearing to Nov. 20 from Oct. 21, hinted that he wouldn’t clear the company to leave chapter 11 unless its biggest debts are worked out in a repayment plan. Under AMT’s restructuring plan, the company’s founder and president, Gerald Del Signore, agreed to contribute several million dollars to help the company pay off its debts. Medicare payments make up more than 90 percent of AMT’s revenue. The company filed for chapter 11 protection in February 2012 amid a dispute with a Medicare-payment contractor, which halted payments to AMT during an investigation into whether the company improperly billed for extra wound care supplies. Click here to read the full article. Read more.

NEW FISCAL SURVEY FINDS NATION’S CITIES STRUGGLING, BUT SURVIVING

Pressure from soaring health care and pension costs, coupled with cuts in state and federal aid, are undermining the improving but still shaky financial health of the nation’s cities, according to a report released today, the Washington Post reported. The National League of Cities, which advocates on behalf of 1,700 member cities, said that its annual survey of local finance officers reflects a slowly brightening financial picture for many cities. Still, the survey found that cities continue to suffer the effects of the recent economic downturn, as well as structural problems, that are making it difficult for them to pay for core services such as public safety. The survey found that after six straight years of decline, cities this year reported a small increase in general fund revenues — the locally generated taxes, fees and outside aid that local officials have wide discretion to spend on services from public safety to parks. Sales and income tax revenues are up, but property taxes continue to decline because they typically reflect property values as much as several years before their collections. For cities, that means that their tax revenues are still depressed by the steep drop in property values that accompanied the downturn. Despite the problems, the report finds that few cities are facing the extreme pressure that since 2011 has caused Jefferson County, Ala., Stockton and San Bernardino, Calif., and Detroit to topple into bankruptcy. Overall, nearly three in four of the 350 city finance officers surveyed reported that their cities are better able to meet financial needs in 2013 than they were in 2012. But many also reported that they have been forced to squeeze jobs out of the budget, reduce health care and pension benefits and raise fees, and sometimes taxes, to make ends meet. Read more.

ABI LAUNCHES SIXTH ANNUAL WRITING COMPETITION FOR LAW STUDENTS

Law school students are invited to submit a paper between now and March 4, 2014 for ABI's Sixth Annual Bankruptcy Law Student Writing Competition. ABI will extend a complimentary one-year membership to all students who participate in this year's competition. Eligible submissions should focus on current issues regarding bankruptcy jurisdiction, bankruptcy litigation, or evidence issues in bankruptcy cases or proceedings. The first-place winner, sponsored by Invotex Group, Inc., will receive a cash prize of $2,000 and publication of his or her paper in the ABI Journal. The second-place winner, sponsored by Jenner & Block LLP, will receive a cash prize of $1,250 and publication of his or her paper in an ABI committee newsletter. The third-place winner, sponsored by Thompson & Knight LLP, will receive a cash prize of $750 plus publication of his or her paper in an ABI committee newsletter. For competition participation and submission guidelines, please visit http://papers.abi.org.

FIRST ABIWORKSHOP PROGRAM LOOKS AT RISKY TIMES FOR SECURED LENDERS AND SERVICERS! ATTEND IN PERSON OR VIA LIVE WEBSTREAM

You will not want to miss the abiWorkshops series' inaugural program, "Risky Times for Secured Lenders and Servicers." The program is cosponsored by TMA (Chesapeake), IWIRC (D.C./Greater Maryland) and RMA (Potomac), and will be held on Nov. 6 from 9 a.m. to 3 p.m. ET in the ABI Headquarters Conference Center in Alexandria, Va. The abiWorkshops series provides attendees two great ways of participating: You can register to attend in person at the ABI Conference Center, or you can participate via a live webstream! Topics that will be covered on the Nov. 6 program include:

- Living with the New CFPB Mortgage Servicing Rules
- Business Lending: Navigating What Lies Ahead
- Business Lending: Recent Legal Developments

For more information or to register for the "Risky Times for Secured Lenders and Servicers" abiWorkshop on Nov. 6, please click here.

EXPERTS TO EXAMINE STUDENT LENDING AND BANKRUPTCY AT ABI WORKSHOP PROGRAM ON NOV. 15

Experts will tackle the hot topic of student lending issues in bankruptcy on the abiWorkshops series' new program, "You Can't Discharge Student Loans in Bankruptcy - Or Can You?" The program will be held on Nov. 15 from 9 a.m. to 3 p.m. ET in the ABI Headquarters Conference Center in Alexandria, Va. The abiWorkshops series provides attendees two great ways of participating: You can register to attend in person at the ABI Conference Center, or you can participate via a live webstream! Topics that will be covered on the Nov. 15 program include:

- Student Lending Today: Who Borrows, How Much, Delinquency & Default Trends
- Repayment Options: Income Based Repayment and New Lender/Servicer Programs
- Litigation under Sect. 523(a)(8): What Proofs Are Needed? Evidence Demonstration

For more information or to register for the "You Can't Discharge Student Loans in Bankruptcy - Or Can You?" abiWorkshop on Nov. 15, please click here.

ABI GOLF TOUR UNDERWAY; LAST STOP FOR 2013 IS WINTER LEADERSHIP CONFERENCE IN DECEMBER

The 7th and final stop for the 2013 ABI Golf Tour is on Dec. 5 at the Trump National Golf Club, held in conjunction with ABI’s Winter Leadership Conference. Final scoring to win the Great American Cup — sponsored by Great American Group — is based on your top three scores from the seven ABI events. 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 at July’s Southeast Bankruptcy Workshop. There's no charge to register or participate in the Tour.

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: ONYEABOR V. CENTENNIAL POINT OWNERS ASSOCIATION (IN RE ONYEABOR) (10TH CIR.)

Summarized by Steven T. Mulligan of Bieging Shapiro & Barber LLP

he circuit court ruled that conversion is appropriate where a plan makes no provision for repayment of pre-petition secured claims, where the debtor’s income is insufficient to support her plan or even the appellees’ judgment lien, and where the debtor fails to address the trustee’s objections.

There are more than 1,000 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: FIFTH CIRCUIT NIXES CONSENT IN STERN CASES

The Bankruptcy Blog Exchange is a free ABI service that tracks more than 80 bankruptcy-related blogs. A recent blog post argues that while the CFTC is on hiatus during the shutdown, the industry should consider the damage that might be done to a market that has become an integral part of banking.

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

Does the bankruptcy court's Section 105 power enable it to surcharge the debtor's exempt property?

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 43 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

October
- Professional Development Program
    Oct. 11, 2013 | New York, N.Y.
- Chicago Consumer Bankruptcy Conference
    Oct. 14, 2013 | Chicago, Ill.
- International Insolvency & Restructuring Symposium
    Oct. 25, 2013 | Berlin, Germany

November
- abiWorkshop: "Risky Times for Secured Lenders and Servicers"
   Nov. 6, 2013 | Alexandria, Va.
- Complex Financial Restructuring Program
   Nov. 7, 2013 | Philadelphia, Pa.
- Corporate Restructuring Competition
   Nov. 7-8, 2013 | Philadelphia, Pa.
- Austin Advanced Consumer Bankruptcy Practice Institute
   Nov. 10-12, 2013 | Austin, Texas
- Detroit Consumer Bankruptcy Conference
   Nov. 11, 2013 | Detroit, Mich.

  

 

-abiWorkshop: "You Can't Discharge Student Loans in Bankruptcy - Or Can You?"
   Nov. 15, 2013 | Alexandria, Va.
- Delaware Views from the Bench
   Nov. 25, 2013 | Wilmington, Del.

December
- Winter Leadership Conference
    Dec. 5-7, 2013 | Rancho Palos Verdes, Calif.
- ABI/St. John’s Bankruptcy Mediation Training
    Dec. 8-12, 2013 | New York

January
- Western Consumer Bankruptcy Conference
    Jan. 20, 2014 | Las Vegas, Nev.
- Rocky Mountain Bankruptcy Conference
    Jan. 23-24, 2014 | Denver, Colo.

 

 
 
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Attachment

Detroit Filing Opinion



ABI Bankruptcy Brief | September 19, 2013


 


  

September 19, 2013

 

home  |  newsroom  |  chart of the day  |  blogs  |  bankruptcy code and rules  |  statistics  |  legislative news  |  volo
  NEWS AND ANALYSIS   

MORTGAGE LENDING REACHES 5-YEAR HIGH

A Federal Reserve report shows that mortgage lending jumped to a five-year high last year, driven by a sharp rise in refinancing as borrowers rushed to lock in the lowest mortgage rates in at least 60 years, the Wall Street Journal reported today. The report, which was released yesterday by central-bank researchers, found that lenders originated nearly 9.8 million mortgages in 2012, up 38 percent from 7.1 million in 2011, which had been a 16-year low. Last year's levels, however, remained far short of lending volumes reached during the housing bubble and even before the bubble over a decade ago. Nearly 6.6 million loans were to refinance existing mortgages, up 54 percent from 2011 and the highest level since 2005. While lending for home purchases increased 13 percent to 2.7 million mortgages in 2012, it remained below the level reached in every year between 2000 and 2009. Read more. (Subscription required.)

REPUBLICAN CONGRESSMEN LOOK FOR ANSWERS ON CFPB DATA-MINING, BANKRUPTCY FILES

Two key congressional Republicans want answers from the Department of Justice about a controversial consumer credit card data-mining operation at the Consumer Financial Protection Bureau, the Washington Examiner reported today. Sen. Chuck Grassley (R-Iowa) and Rep. Spencer Bachus (R-Ala.) also want to know if the CFPB has harmed the U.S. Trustee Program by improperly using it to capture millions of bankruptcy case files. The Grassley and Bachus questions follow news reports that the CFPB's data-mining program seeks to capture 80 percent of all U.S. consumer credit card transactions and 95 percent of all mortgage transactions. In a Sept. 17 letter to Attorney General Eric Holder, Grassley, the Ranking Republican on the Senate Judiciary Committee, said that he is concerned that the USTP "acted on behalf of the CFPB to collect personal financial data that the CFPB had otherwise been unable to obtain." Read more.

DETROIT RESIDENTS TO VOICE PENSION FEARS TO BANKRUPTCY JUDGE

After weeks of listening to lawyers, the judge in Detroit's bankruptcy devoted a hearing today to listening to worried residents of the financially stricken city, the Wall Street Journal reported today. Bankruptcy Judge Steven Rhodes granted an unusual audience to 93 people, most of them retired city workers who fear that the chapter 9 case will mean Detroit won't pay their pensions in full, but also some with other grievances. They are seeking to block the city's bid for chapter 9 protection, which would allow it to restructure an estimated $18 billion in liabilities. According to a draft restructuring plan released in June, Detroit offered to pay about $2 billion to cover $11 billion in unsecured debt. That includes about $3.5 billion in pension obligations, although the city has indicated that it is likely that pensions will be cut under the plan. Read more. (Subscription required.)

COMMENTARY: AMERICA'S SINKING MIDDLE CLASS

The Census Bureau said on Tuesday that the typical household last year made $51,017, roughly the same as the typical household made a quarter of a century ago, according to a commentary today in the New York Times. In key respects, according to the commentary, the standard of living of most Americans has fallen. Health care spending per person, adjusted for inflation, has roughly doubled since 1988, to about $8,500 -- pushing up health insurance premiums and eating into workers' wages. The cost of going to college has been rising faster than inflation, as well. About two-thirds of people with bachelor's degrees relied on loans to get through college, up from 45 percent two decades ago. In contrast to people in other developed nations, who have devoted more time to leisure as they have gotten richer, Americans work about as much as they did a quarter-century ago. Despite all this toil, the net worth of the typical American family in the middle of the income distribution fell to $66,000 in 2010 -- 6 percent less than in 1989 after inflation. Read more.

BLOOMBERG'S LATEST "BILL ON BANKRUPTCY"
VIDEO: SEX DOESN'T SELL ENOUGH TO AVOID BANKRUPTCY

There's so much sex on the Internet that a website where adults hook up couldn't avoid bankruptcy. Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss the chapter 11 filing by FriendFinder Networks Inc., publisher of Penthouse. To watch the video, please click here.

ETHICS CLE: NEXT WEEK'S ABILIVE WEBINAR EXAMINES THE COMPLEX REQUIREMENTS AND ETHICAL DUTIES OF REPRESENTING CONSUMER DEBTORS

The abiLIVE webinar on Sept. 24 will feature a panel of experts discussing the ethical and compensation issues that can arise while representing chapter 7 and 13 debtors as well as individual chapter 11 debtors. Topics covered include client fraud and an attorney's duty to verify client information, attorney fee structures, and complex issues in individual chapter 11 cases. The panel includes perspectives from the attorneys and trustees, as well as the academic reporter for the ABI Ethics Task Force. Click here to register.


NEW ABILIVE WEBINAR OCT. 3: THE INTERSECTION OF INTELLECTUAL PROPERTY AND BANKRUPTCY: KODAK, NORTEL AND OTHER CASES

IP experts will shed light on the mysteries of understanding IP law and navigating the often puzzling sales processes, drawing from their experiences in Nortel, Kodak and other important cases, in an abiLIVE webinar on Oct. 3 from 1:00-2:15 p.m. ET. Speakers will include David Berten (Global IP Law Group, LLC; Chicago), Pauline K. Morgan (Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.), Cassandra M. Porter (Lowenstein Sandler LLP; Roseland, N.J.), Kelly Beaudin Stapleton (Alvarez & Marsal; New York) and Christopher Burton Wick (Hahn Loeser & Parks LLP; Cleveland). To register, click here.

RECORDING AVAILABLE OF THE ABILIVE WEBINAR EXAMINING THE NEW U.S. TRUSTEE FEE GUIDELINES!

If you were not able to join ABI's recent well-attended abiLIVE webinar examining the U.S. Trustee Fee Guidelines for chapter 11 cases filed on or after Nov. 1, a recording of the program is now available for downloading! A panel of experts, including Clifford J. White, the director of the U.S. Trustee Program, discussed 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. The 90-minute recording is available for the special ABI member price of $75 and can be purchased here.

ABI GOLF TOUR UNDERWAY; LAST STOP FOR 2013 IS WINTER LEADERSHIP CONFERENCE IN DECEMBER

The 7th and final stop for the 2013 ABI Golf Tour is on Dec. 5 at the Trump National Golf Club, held in conjunction with ABI’s Winter Leadership Conference. Final scoring to win the Great American Cup — sponsored by Great American Group — is based on your top three scores from the seven ABI events. 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 at July’s Southeast Bankruptcy Workshop. There's no charge to register or participate in the Tour.

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: AUTOMOTIVE FINANCE CORP. V. MORSE (IN RE MORSE; 1ST CIR.)

Summarized by Michael Cooley of Akin Gump Strauss Hauer & Feld LLP

In a brief ruling, the First Circuit Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of the plaintiff on the nondischargeability of its claim under 11 U.S.C. § 523(a)(6). Noting that the "threshold question" of whether the creditor was entitled to relief under § 523(a)(6) as a matter of law was not raised below or addressed in the briefs, the panel concluded that, in an open, pending chapter 13 case, such relief is expressly excluded by § 1328(a)(2). The case was reversed and remanded with instructions to dismiss without prejudice.

There are more than 1,000 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: LONG-OVERDUE HOUSING FINANCE REFORM WITHIN GRASP

The Bankruptcy Blog Exchange is a free ABI service that tracks more than 80 bankruptcy-related blogs. A recent blog post features a commentary by Sens. Bob Corker (R-Tenn.) and Mark Warner (D-Va.), authors of legislation looking to modernize the U.S. housing finance system, that outlines the steps forward for housing finance reform.

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

Success fees for financial advisors should be prohibited.

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 43 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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Mid-Level PDP 2013

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  CALENDAR OF EVENTS
 

2013

September

- 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

- abiLIVE Webinar: The Intersection of Intellectual Property and Bankruptcy: Kodak, Nortel and Other Cases

     Oct. 3, 2013

- Midwestern Bankruptcy Institute Program and Midwestern Consumer Forum

    Oct. 4, 2013 | Kansas City, Mo.

- Professional Development Program

    Oct. 11, 2013 | New York, N.Y.

- Chicago Consumer Bankruptcy Conference

    Oct. 14, 2013 | Chicago, Ill.

- International Insolvency & Restructuring Symposium

    Oct. 25, 2013 | Berlin, Germany


  


November

- Complex Financial Restructuring Program

   Nov. 7, 2013 | Philadelphia, Pa.

- Corporate Restructuring Competition

   Nov. 7-8, 2013 | Philadelphia, Pa.

- Austin Advanced Consumer Bankruptcy Practice Institute

   Nov. 10-12, 2013 | Austin, Texas

- Detroit Consumer Bankruptcy Conference

   Nov. 11, 2013 | Detroit, Mich.

- Delaware Views from the Bench

   Nov. 25, 2013 | Wilmington, Del.

December

- Winter Leadership Conference

    Dec. 5-7, 2013 | Rancho Palos Verdes, Calif.

- ABI/St. John’s Bankruptcy Mediation Training

    Dec. 8-12, 2013 | New York


 
 

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Mortgage Lending Reaches 5-Year High

 

 

 
  

July 25, 2013

 
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  NEWS AND ANALYSIS   

DETROIT

TELECONFERENCE RECORDING NOW AVAILABLE: EXPERTS EXAMINE DETROIT'S CHAPTER 9 FILING AND WHAT LIES AHEAD

ABI held a media teleconference yesterday to examine Detroit's chapter 9 filing and what lies ahead for the bankrupt city. Experts on the teleconference discussed some of the factors that led to Detroit's filing and the early legal issues over the city's eligibility to file. Speakers on the program included Bankruptcy Judge Christopher M. Klein (E.D. Calif.; Sacramento), who is presiding over the chapter 9 case of Stockton, Calif.; Deborah L. Fish of Allard & Fish PC (Detroit); and Patrick Darby of Bradley Arant Boult Cummings LLP (Birmingham, Ala.), who represents Jefferson County, Ala., the largest chapter 9 case prior to Detroit's filing with more than $4 billion of municipal debt. The program was moderated by Prof. Juliet M. Moringiello of Widener University School of Law (Harrisburg, Pa.). To listen to a recording of the media teleconference, please click here.

For more information on municipal distress and chapter 9 bankruptcy, see ABI's Municipalities in Peril: The ABI Guide to Chapter 9, Second Edition, from the ABI Bookstore.

COMMENTARY: FACING UP TO AMERICA'S PENSION WOES

While Michigan Circuit Judge Rosemarie Aquilina's rulings to stop Detroit's chapter 9 did not stand before a state court of appeals panel and the federal bankruptcy judge assigned to the case, Judge Aquilina did correctly identify public pension promises as the key issue in the case, according to a commentary by Prof. David Skeel of the University of Pennsylvania Law School in the Wall Street Journal today. As recently as three years ago, the conventional wisdom held that public-pension promises, no matter how extravagant, are sacrosanct even if a city files for chapter 9 protection. The first hint that this thinking might be impractical came after Vallejo, Calif., filed for bankruptcy in 2008, according to Skeel. Vallejo successfully restructured its collective-bargaining agreements, and, as then-City Manager Robert Stout reported, the city believed that chapter 9 gave Vallejo the legal authority to alter its pensions as well. But CalPERS, which administers California's state and local pensions, threatened litigation. The city concluded that any reduced pension costs wouldn't be great enough to offset the legal costs, so it backed off. Since Vallejo, the pension question has become increasingly hard to avoid. When Central Falls, R.I., filed for bankruptcy in 2011, the small town made it clear that significant pension cuts were its only hope for recovery. In the end, Central Falls reduced its pension costs by 50 percent. The status of pension obligations is also at issue in the bankruptcies of the California cities of Stockton and San Bernardino, so it is possible that Detroit Bankruptcy Judge Steven Rhodes will have the benefit of previous rulings on the issue when he rules on the Detroit case. Emergency manager Kevyn Orr has signaled that every constituency needs to sacrifice, and Detroit's public workers to this point aren't yielding an inch. If Detroit can make at least modest adjustments to its pensions, and restructure its other obligations as well, Skeel says that the city and other municipalities in dire financial straits may have a fighting chance. Read more. (Subscription required.)

ANALYSIS: PENSION BONDS RAISE RED FLAGS ON MUNIS

Of the $18 billion pile of liabilities Detroit faces in its bankruptcy proceedings, $1.4 billion of it consists of bonds issued in 2005 and 2006 to shore up the city's pension systems, the Wall Street Journal reported today. The fact that Detroit -- or any municipality -- issued these bonds could have been a red flag to investors that there was potential trouble brewing ahead. With Detroit's Chapter 9 bankruptcy filing, the city's retirees could see their pensions slashed, officials have warned. And Detroit says its pensions are still underfunded by another $3.5 billion. Some of the other municipalities that have issued similar pension bonds in recent years are among the most problematic: Stockton, Calif., which filed for bankruptcy last year; Puerto Rico, which has struggled through a prolonged recession and was recently downgraded to near junk; and Illinois, which was charged with securities fraud for misleading investors about how it funds its pensions. In fact, Illinois holds the record for the largest pension bond deal ever, selling $10 billion in bonds in 2003, according to Thomson Reuters. If successful, a municipality that sells pension bonds can save money on its pension costs. But if returns on the pension investments are lower than expected, the municipality can actually lose money. In December, credit-rating firm Moody's Investors Service went so far as to say that pension bonds "rarely improve the credit quality of the state or the local government that issues them." Read more. (Subscription required.)

EDITORIAL: THE STUDENT LOAN DEBACLE

Over the last decade, Congress sensibly replaced a system of variable-rate loans with fixed rates that allowed families to know what their loans would cost, according to a New York Times editorial yesterday. It set the rate on both subsidized and unsubsidized loans at 6.8 percent, but later ordered the rate on subsidized loans -- two-thirds of which go to families with incomes under $50,000 -- to gradually decline by half. The refusal, according to the editorial, of Republicans in both houses to renew the lower rate means that students who start college this fall and finish in four years will be saddled, on average, with an extra $4,000 in debt. An analysis by the Congressional Budget Office estimated that the new, higher rate would earn the government about $184 billion over the next decade after taking into account program costs, including potential defaults. The editorial advocates that in the long term, the loan program needs to be restructured so that the loans are closely linked to the government's actual cost of borrowing, which could reduce rates for students. Read more.

HOUSE FINANCIAL SERVICES COMMITTEE APPROVES HOUSING FINANCE BILL

The House Financial Services Committee approved a Republican housing bill that would liquidate U.S.-owned financiers Fannie Mae and Freddie Mac and limit government mortgage guarantees, Bloomberg News reported yesterday. The bill, offered by House Financial Services Chair Jeb Hensarling (R-Texas), was passed on a mostly party-line vote of 30-27. Hensarling's legislation would eliminate Washington-based Fannie Mae and Freddie Mac within five years and replace them with a National Mortgage Market Utility to securitize mortgages. Unlike a similar bill in the Senate, the House measure would not include U.S. backing for securitized loans, though it would let the Federal Housing Administration play an expanded guarantee role in the event of an economic crisis. Hensarling said that he is eager to bring his measure to a vote on the House floor and will meet with House Republican leaders next week. Read more.

COMMENTARY: TREASURY'S FANNIE MAE HEIST

The federal government currently is seizing the substantial profits of government-chartered mortgage firms Fannie Mae and Freddie Mac, taking for itself the property and potential gains of private investors that the government induced to help prop up these companies, according to a commentary yesterday by former U.S. Solicitor General Theodore Olson in the Wall Street Journal. Earlier this month Olson filed a lawsuit to stop this seizing of profits, now known as Perry Capital v. Lew, and other lawsuits challenging the government's authority to demolish private investment are stacking up. When the nationwide mortgage crisis first took hold in 2007 and 2008, Fannie and Freddie shored up their balance sheets with some $33 billion in private capital, much of it from community banks, which had been encouraged by federal regulators to invest in the companies. As the crisis deepened, the government determined that Fannie and Freddie also needed substantial assistance from taxpayers. Congress passed the Housing and Economic Recovery Act of 2008, and under that law the government ultimately plowed $187 billion into the companies. Taxpayers should get their investment back, but once they do, according to Olson, so should the private investors who first came to Fannie and Freddie's aid. Read more. (Subscription required.)

IN CASE YOU MISSED IT - 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.

ABILIVE WEBINAR ON SEPT. 24 TO EXAMINE THE COMPLEX REQUIREMENTS AND ETHICAL DUTIES OF REPRESENTING CONSUMER DEBTORS

The abiLIVE webinar on Sept. 24 will feature a panel of experts discussing the ethical and compensation issues that can arise while representing chapter 7 and 13 debtors as well as individual chapter 11 debtors. Topics covered include client fraud and an attorney's duty to verify client information, attorney fee structures, and complex issues in individual chapter 11 cases. The panel includes perspectives from the attorneys and trustees, as well as the academic reporter for the ABI Ethics Task Force. Click here to register.

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: MORT RANTA V. GORMAN (4TH CIR.)

Summarized by John Bollinger of the Boleman Law Firm, PC

Holding that "for both above-median income and below-median income debtors, Social Security income is excluded from the calculation of 'projected disposable income' under § 1325(b)(2)," the Fourth Circuit Court of Appeals vacated the order of the district court and remanded the case to the district court with instructions to remand to the bankruptcy court for further proceedings consistent with the opinion.

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: TIME TO DUST OFF THE OLD "GOOD BANK-BAD BANK" PLAN

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post said that governments need to consider the advantages of a good bank-bad bank restructuring as loan assets currently have determinable and probably higher values than earlier in the financial crisis.

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

A class of claims should not be considered impaired for purposes of § 1129(a)(10) if the impairment results from the plan proponents' exercise of discretion (i.e., artificial impairment) and not driven by economic need. (In re Village at Camp Bowie I LP).

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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10th Annual Complex Financial Restructuring Competition
Nov. 7, 2013

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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 & Restructuring Symposium
    Oct. 25, 2013 | Berlin, Germany

November
- Complex Financial Restructuring Program
   Nov. 7, 2013 | Philadelphia, Pa.
- 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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