Bankruptcy News:
Welcome, Judge Laura S. Taylor
San Diego bankruptcy attorney Laura S. Taylor has been officially “sworn-in” and is now a bankruptcy judge for the United States Bankruptcy Court for the Southern District of California. Judge Taylor succeeds Judge John J. Hargrove who retired on January 4, 2008 after approximately 22 years of service. Prior to joining the bankruptcy court, Judge Taylor was the administrative partner of the San Diego office of Sheppard, Mullin, Richter & Hampton LLP where she practiced in the banking and finance practice group. She has primarily represented secured creditors, but also has represented Chapter 11 debtors and senior secured lenders in a large Chapter 11 case.
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Chapter 13 Attorney Fee Guidelines
On December 7, 2007 the Court entered General Order 173 to revise the fee guidelines for attorneys filing Chapter 13 cases. The Court conducted an extensive review of guideline fees adopted by the three other California Bankruptcy Courts and select courts within and outside the Ninth Circuit; analyzed the results of the Chapter 13 Attorney Fee survey that was distributed to all Chapter 13 debtor's attorneys filing cases since October 2005; and reviewed correspondence received by the United States Trustee regarding the fee guidelines
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Adjustment of Dollar Amounts
On April 1, 2007, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code and one provision of Title 28 of the United States Code will become effective. The amended dollar amounts will apply to cases filed on or after April 1, 2007. We received this information on March 26, 2007.The amended dollar amounts will affect, among other matters, the eligibility of a debtor to file under chapters 12 and 13 of the Bankruptcy Code, certain maximum values of property that a debtor may claim as exempt, the maximum amount of certain claims entitled to priority, the calculation of the “means test” for Chapter 7 debtors, the duration of a chapter 13 plan, the definition of a small business debtor, the minimum aggregate value of claims needed to commence an involuntary bankruptcy, the value of “luxury goods and services” deemed to be nondischargeable, and the location where the trustee may commence certain proceedings to recover a money judgment or property. In the Bankruptcy Reform Act of 1994, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Congress provided for the automatic adjustment of these dollar amounts at three-year intervals. The relevant provisions are codified in 11 U.S.C. § 104(b).
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Bankruptcy Judge Opening
The Ninth Circuit Court of Appeals invites applications from highly qualified candidates for the position of Bankruptcy Judge for the Southern District of California.
This position will be available on January 5, 2008. The person selected will maintain chambers in San Diego, California. Appointment is for 14 years, subject to possible reappointment. No relocation expenses are provided. Qualifications include (1) admission to practice before the highest court of at least one state or the District of Columbia; (2) membership in good standing in every bar in which membership is held; and (3) at least five years of legal practice experience (certain other legal experience may be substituted).
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