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October Bankruptcy Filings Increase 16 Percent over Previous Month Commercial Filings Up 19 Percent

ABI Bankruptcy Brief | November 6 2012
 
  

November 6, 2012

 
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  NEWS AND ANALYSIS   

OCTOBER BANKRUPTCY FILINGS INCREASE 16 PERCENT OVER PREVIOUS MONTH, COMMERCIAL FILINGS UP 19 PERCENT

Total bankruptcy filings in the United States for the month of October increased 16 percent compared to September, according to data provided by Epiq Systems, Inc. October bankruptcy filings totaled 101,278, up from the 87,522 filings registered in September 2012. The 96,498 total noncommercial filings for October represented a 16 percent increase from the September noncommercial filing total of 83,493. Total commercial filings for October 2012 were 4,780, representing a 19 percent increase from the 4,029 filings in September. Commercial chapter 11 filings also increased in October as the 704 filings represented a 3 percent increase over the 681 filings in September. Read the full release.

ANALYSIS: ELECTION UNLIKELY TO AFFECT HOUSING REBOUND

Regardless of the outcome of today's elections, experts expect the housing market to continue its rebound, the Wall Street Journal reported today. Home prices continue to rise, as shown by the latest S&P/Case-Shiller data, and sales activity is strengthening, while delinquency trends are improving. Experts point out that the government still backs more than 90 percent of new mortgages, however, and there has been little progress made in devising new structures to encourage private capital to again take on residential-housing risk. Read more. (Subscription required.)

BONUSES ON WALL STREET EXPECTED TO EDGE UP SLIGHTLY IN 2012

Wall Street employees, whose paychecks have often been cut in recent years, are likely to get a slight bump in their bonuses this year, the New York Times DealBook blog reported today. Year-end incentives, which include cash bonuses and stock awards, will be flat to up to 10 percent higher when compared with last year, according to a survey released by Johnson Associates yesterday. The same firms in 2011 drastically cut costs, employment and pay. Johnson Associates, based in New York, surveyed 10 public asset management firms, eight major banks and more than a dozen other financial institutions. Business on Wall Street has picked up somewhat in 2012, but firms are still cutting both compensation and other expenses to save money and improve their profits. Read more.

Read the full Johnson Associates survey.

ANALYSIS: COMPANIES LOOK TO LIGHTEN THE PENSION LOAD

More companies are considering so-called annuity settlements as a way to pare down their burgeoning pension liabilities, even though historically low interest rates make the strategy significantly more expensive, the Wall Street Journal reported today. Last month Verizon Communications Inc. bought an annuity that transferred $7.5 billion of pension obligations, about a quarter of the phone giant’s total pension obligations, to Prudential Financial Inc. Over the summer General Motors Co. shifted roughly $25 billion of its pension obligations—or about 20 percent of its global total—to Prudential also through an annuity deal. The approach works like this: A company transfers pension obligations to an insurer by buying a group annuity for its employees at a price that includes a premium. The insurer agrees to use the funds it gets from the company’s pension plan to make regular payments to company retirees for as long as they live. Read more. (Subscription required.)

ABI IN-DEPTH

LATEST CASE SUMMARY ON VOLO: IN RE MICHAEL (3D CIR.)

Summarized by Michael Nestor of Young Conaway Stargatt & Taylor

The U.S. Court of Appeals for the Third Circuit held that if, upon conversion of a chapter 13 case to a case under chapter 7, the chapter 13 trustee is holding funds acquired post-petition by the debtor for eventual distribution to creditors under a confirmed chapter 13 reorganization plan, the trustee must return those funds to the debtor rather than distribute them to creditors under the plan.

There are nearly 700 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: NATIONAL MORTGAGE DATABASE FACES CHALLENGES IN BECOMING GO-TO RISK TOOL

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post examines how the Consumer Financial Protection Bureau and Federal Housing Finance Agency's effort to build a comprehensive data repository and identify emerging mortgage lending risks will depend on how regulators handle four areas: collaboration, scope, privacy and the regulatory burden.

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

Despite the "free and clear" language of Sect. 363(f), purchasers of assets in 363 sales may still be liable for injuries to unidentifiable future claimants. (In re Grumman Olson Indus, SDNY).

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

HAVE YOU TUNED IN TO BLOOMBERG LAW'S VIDEO PODCASTS?

Bloomberg Law's video podcasts feature top experts speaking about current bankruptcy topics. The podcasts are available via Bloomberg Law's YouTube channel so that you can access the programs from your computer or device of your choice! Click here to view the Bloomberg Law video podcasts.

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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THIS WEEK:

 

MEXICO 2012
Nov. 7, 2012
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4TH ANNUAL PROFESSIONAL DEVELOPMENT PROGRAM
Nov. 9, 2012
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COMING UP:

 

SE 2012
Nov. 12, 2012
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SE 2012
Nov. 29 - Dec. 1, 2012
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MT 2012
Dec. 4-8, 2012
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WCBC 2013
Jan. 21, 2013
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ACBPIKC 2013
Jan. 24-25, 2013
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ACBPIKC 2013
Feb. 7-9, 2013
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ACBPIKC 2013
Feb. 17-19, 2013
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ACBPIKC 2013
Feb. 20-22, 2013
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  CALENDAR OF EVENTS
 

November
- U.S./Mexico Restructuring Symposium
     November 7, 2012 | Mexico City, Mexico
- Professional Development Program
     November 9, 2012 | New York, N.Y.
- Detroit Consumer Bankruptcy Conference
     November 12, 2012 | Detroit, Mich.
- Winter Leadership Conference
     November 29 - December 1, 2012 | Tucson, Ariz.

December
- Forty-Hour Bankruptcy Mediation Training
     December 4-8, 2012 | New York, N.Y.

  

 

2013

January
- Western Consumer Bankruptcy Conference
     January 21, 2013 | Las Vegas, Nev.
- Rocky Mountain Bankruptcy Conference
     January 24-25, 2013 | Denver, Colo.

February
- Caribbean Insolvency Symposium
     February 7-9, 2013 | Miami, Fla.
- Kansas City Advanced Consumer Bankruptcy Practice Institute
     February 17-19, 2013 | Kansas City, Mo.
- VALCON 2013
     February 20-22, 2013 | Las Vegas, Nev.


 
 
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Big Banks Push Back against Tighter Rules

ABI Bankruptcy Brief | May 9 2013
 
  

May 9, 2013

 
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  NEWS AND ANALYSIS   

BIG BANKS PUSH BACK AGAINST TIGHTER RULES

In the wake of the latest push against the too-big-to-fail banks, the banks are pushing back against regulators and legislators, the Wall Street Journal reported today. The banks have hired longtime influential Washington, D.C., personnel to deflect regulatory and political pressure to strengthen their finances and to sell assets. Regulators and some lawmakers have raised concern that large banks remain "too big to fail" and could require another government bailout in the event of another financial meltdown. The effort by banks marks a lobbying turning point for the industry, which adopted a mostly low-profile stance to new regulations in the wake of the financial crisis. It also comes as banks such as Morgan Stanley, Bank of America Corp. and Goldman Sachs Group Inc. are shedding lucrative assets that would have required them to hold more capital to compensate for their risk-taking. Several banks and the Financial Services Forum, a top trade association, have hired Tony Fratto, a former Bush administration official, to provide what they call a "rapid response" to criticism that the banks remain too large. Regulators and lawmakers are increasingly signaling that more work is needed to lessen the risk posed by large, complex banks, including bigger capital cushions and minimum amounts of expensive long-term debt. The moves by banks include pushing back against bipartisan legislation sponsored by Sens. David Vitter (R.-La.) and Sherrod Brown (D-Ohio) that would sharply increase capital cushions at large banks to the point where most analysts expect firms would be forced to shrink. Read more. (Subscription required.)

REALTYTRAC: FORECLOSURE ACTIVITY AT SIX-YEAR LOW IN APRIL

A report from RealtyTrac on Thursday showed that foreclosure activity fell in April to its lowest level in more than six years, the latest sign that the recovery in the housing market is on track, Reuters reported yesterday. Foreclosure activity – which includes default notices, scheduled auctions and bank repossessions – was seen on 144,790 properties last month, down 5 percent from March and down 23 percent from a year earlier, the lowest level since February 2007. There were also signs that some foreclosures that had been deferred were working their way through the process in states that use the court system to handle foreclosures, known as judicial states. There are 26 judicial or quasi-judicial foreclosure states, according to RealtyTrac. Scheduled foreclosure auctions in judicial states rose 22 percent in April to their highest level since October 2010. Scheduled auctions in non-judicial states fell 7 percent. Read more.

U.S. PUBLISHERS STILL REELING FROM BORDERS BANKRUPTCY

The closure of Borders Group, Inc. is still causing problems for the U.S. publishing industry two years after the nation's number two bookseller closed down, the (London) Telegraph reported today. According to a report in Publishers Weekly, the 20 largest unsecured publishing creditors were owed $241 million when the company filed for chapter 11 protection in February 2011. It is not yet clear which publishers have settled, but figures have emerged showing the extent they were left out of pocket and how much they have so far been remunerated. Penguin Putnam was owed $41 million and has only received $12 million. Hachette Book Group was owed almost $37 million and has only been paid back $4.9 million. Simon & Schuster was owed $33.7 million and has received $10.7 million. Read more.

REPORT: COLLEGES SOAK POOR STUDENTS TO FUNNEL AID TO RICH

A report by the New America Foundation released yesterday found that U.S. colleges such as Boston University are using financial aid to lure rich students while shortchanging the poor, forcing those most in need to take on heavy debt, Bloomberg News reported yesterday. Almost two-thirds of private institutions require students from families making $30,000 or less annually to pay more than $15,000 a year, according to the report released today by the Washington, D.C.-based New America Foundation. The research analyzing U.S. Education Department data for the 2010-2011 school year undercuts the claims of many wealthy colleges that financial aid practices make their institutions affordable, said Stephen Burd, the report’s author. To increase their standing on college rankings, more private colleges are giving “merit aid” to top students, who are often affluent, while charging unaffordable prices to the needy, according to the report. The percentage of students receiving merit aid jumped to 44 percent in 2007-2008 from 24 percent in 1995-1996, the report found. Read more.

BLOOMBERG'S LATEST "BILL ON BANKRUPTCY" VIDEO: LEHMAN TEST CASE ON JUDICIAL NULLIFICATION

Although Lehman Brothers Holdings Inc. has been out of bankruptcy for a year, Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss how Lehman is becoming a test case to decide whether a prohibition in one specific provision in bankruptcy law can be sidestepped by reliance on a general provision. To watch the full video, please click here.

NEW ABI LIVE WEBINAR ON MAY 29 WILL FOCUS ON CLASS ACTIONS IN BOTH BUSINESS AND CONSUMER CASES

Class action lawsuits in both chapter 11 and 13 cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know the best defenses against class certification? ABI's panel of experts will highlight the case law and explore the potential benefits and pitfalls of class actions by creditors against debtor companies in chapter 11 cases and by debtors/trustees against creditors in chapter 13 cases on May 29 from 1-2:15 p.m. ET. Special ABI member rate available! Click here to register.

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!

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

Rob Schwartz and Scott Gautier are tied at 34 Stableford Points atop the closely bunched leaderboard after the ABI's 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 MEMBERS WELCOME TO ATTEND INSOL'S LATIN AMERICAN REGIONAL SEMINAR ON JUNE 13 IN SAO PAULO

ABI members are encouraged to attend INSOL’s Latin American regional seminar in São Paulo, Brazil, on June 13. The one-day seminar has been organized by INSOL in association with TMA Brasil to cover current cross-border insolvency and restructuring topics. The seminar is designed to be interactive and to allow the attendees to discuss and debate about practical issues with speakers who are leading players in the insolvency and restructuring field and with experience in insolvency proceedings involving different countries. The seminar will benefit from simultaneous translation in English, Portuguese and Spanish. For more information and to register, please click here.

ABI IN-DEPTH

NEW CASE SUMMARY ON VOLO: WEBER V. SEFCU (IN RE WEBER; 2D CIR.)

Summarized by Joel Levitin, Cahill Gordon & Reindel LLP

The Second Circuit affirmed the district court's ruling and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay under chapter 13 of the Bankruptcy Code, and that the creditor is responsible for actual damages, costs and attorney's fees.

There are more than 800 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: CONSUMER FINANCIAL PROTECTION BUREAU CRACKS DOWN ON DEBT-SETTLEMENT SCAM

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post takes an in-depth look at the Consumer Financial Protection Bureau's (CFPB) referral of a case for criminal prosecution against a debt-settlement company, Mission Settlement Agency. The action is the first-ever criminal referral by the CFPB.

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:

 

 

NYCBC Endowment 2013
May 15, 2013
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NYCBC 2013
May 16, 2013
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COMING UP

 

 

LSS 2013
May 21-24, 2013
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CCA Webinar 2013
May 29, 2013
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Memphis 2013
June 7, 2013
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CSBW 2013
June 13-16, 2013
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Golf Tournament 2013
June 14, 2013
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INSOL’s Latin American Regional Seminar in São Paulo, Brazil
June 13, 2013
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NE 2013
July 11-14, 2013
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SEBW 2013
July 18-21, 2013
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MA 2013
Aug. 8-10, 2013
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SW 2013
Aug. 22-24, 2013
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NYIC Golf Tournament 2013
Sept. 10, 2013
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Endowment Baseball 2013
Sept. 12, 2013
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  CALENDAR OF EVENTS
 

2013

May
- "Nuts and Bolts" Program at NYCBC
     May 15, 2013 | New York, N.Y.
- ABI Endowment Cocktail Reception
     May 15, 2013 | New York, N.Y.
- New York City Bankruptcy Conference
     May 16, 2013 | New York, N.Y.
- Litigation Skills Symposium
     May 21-24, 2013 | Dallas, Texas
- ABI Live Webinar: Consumer Class Actions
     May 29, 2013

June
- Memphis Consumer Bankruptcy Conference
     June 7, 2013 | Memphis, Tenn.
- 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.
- 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.


 
 
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ABIs Chapter 11 Commission Eyes Updates to Bankruptcy Code

ABI Bankruptcy Brief | January 17 2013
 
  

January 17, 2013

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

ABI'S CHAPTER 11 COMMISSION EYES UPDATES TO BANKRUPTCY CODE

With the Bankruptcy Code now 35 years old, 2013 looks to be a key year in developing a replacement as ABI's Chapter 11 Commission continues its study of chapter 11 with a "top to bottom look" at the Code, The Deal reported yesterday. No specific changes have been recommended to date, and the Commission will not be close to specifics until it gets reports from all 13 of its advisory committees, according to Commission Co-Chair Al Togut of Togut, Segal & Segal LLP (New York). The commission, which is just looking at corporate chapter 11 and the parts of the code that affect business bankruptcies, expects to complete its report in the spring of 2014, said fellow Co-Chair Bob Keach of Bernstein Shur (Portland, Maine), adding that by the end of 2013 the commission should have a good idea of what the report will look like. The report will have two components: ideas for change where there is a consensus and proposals that lack a consensus. Since the ABI does not lobby Congress for legislation, an organization or a combination of organizations will likely work to convert the report into legislation, said Keach. "The idea is to develop a statute for the next 40 years that will get us through as well as this one did," Keach says. Read more.

PENSION FUNDING GAP WIDENS FOR BIG CITIES

A study released on Tuesday by the the Pew Center on the States found that major U.S. cities emerged from the financial crisis with increasingly underfunded pension and retiree health care plans, the Wall Street Journal reported today. Cities employing nearly half of U.S. municipal workers saw their pension and retiree health care funding levels fall from 79 percent in fiscal year 2007 to 74 percent in fiscal year 2009, according to the latest available data, the Pew report stated. The growing funding gulf, which the study estimated at more than $217 billion for the 61 cities in the study, raises worries about local finances at a time when states are also struggling to recover from the recession. More than half, or some $118 billion, of the projected pension shortfall stems from unfunded retiree health care costs, according to the Pew report. Read more. (Subscription required.)

ABI will be holding a media teleconference on Tuesday, Jan. 22, at 11 a.m. ET with experts examining municipal distress in 2013. There are limited spots available to ABI members that would like to join the call next week. Contact John Hartgen, ABI's Public Affairs Manager, at jhartgen@abiworld.org if you would like to participate in the teleconference.

CFPB'S NEW MORTGAGE RULES AID HOMEOWNERS

U.S. banks will have to do more to help struggling mortgage borrowers keep their homes under final rules released today by the Consumer Financial Protection Bureau (CFPB), the Wall Street Journal reported today. Mortgage-loan servicers, which collect borrowers' loan payments, will have to evaluate troubled borrowers for all loan-assistance options permitted by mortgage investors such as Fannie Mae and Freddie Mac, as well as private investors, according to the CFPB rules that will take effect in a year. Currently, no national standard exists for how mortgage servicers must treat defaulting borrowers. The lending industry "must consider all options available from the mortgage owners or investors to help the borrower retain the home," said CFPB director Richard Cordray. The industry "can no longer steer borrowers to those options that are most financially favorable for the servicer." The agency's move follows numerous federal and state efforts to regulate the industry, which came under fire after reports in 2010 found that banks were foreclosing on borrowers without properly reviewing documents and other paperwork, a practice dubbed "robo-signing." In 2011, regulators found abuses of foreclosure processes at 14 lenders. Ten of those lenders agreed to an $8.5 billion settlement of regulators' allegations. Read more. (Subscription required.)

ANALYSIS: "ODD COUPLE" IN U.S. HOUSE TO TACKLE MORTGAGE FINANCE

The will of the new Congress to begin rebuilding the U.S. mortgage finance system rests largely in the hands of Reps. Jeb Hensarling (R-Texas) and Maxine Waters (D-Calif.), known to be partisan fighters from opposite ends of the ideological spectrum, Bloomberg News reported yesterday. Hensarling is the new chairman of the House Financial Services Committee, while Waters is the highest-ranking Democrat. "While we clearly have profound philosophical differences – some might call us Capitol Hill’s newest odd couple – we are exploring areas of common concern where we hopefully can work together," Hensarling said. In addition to grappling with proposals to tweak and amend the Dodd-Frank regulatory law, they will be seeking common ground on what may be the panel's biggest issue this year: The future of Fannie Mae and Freddie Mac. For Hensarling, the solution is to abolish the government-owned mortgage companies and completely privatize the mortgage market. Waters argues that some government involvement is needed to preserve the 30-year fixed home loan. It is likely that the two lawmakers eventually will support a plan that would shrink the role of Fannie Mae and Freddie Mac without threatening to choke off the flow of money into home loans. Read more.

FLORIDA DEFIES HOUSING REBOUND AS FORECLOSURES SOAR

More than six years after subprime lending and overbuilding led to the recent U.S. real estate slump, RealtyTrac Inc. reported that Florida had the biggest increase in home seizures last year, and the highest foreclosure rate, Bloomberg News reported today. One in every 32 Florida households received a notice of default, auction or repossession in 2012, more than double the average U.S. rate of one in every 72, according to RealtyTrac Inc.'s report. Home repossessions increased by 16,276 during the year to 84,456, the biggest gain nationwide. Adding to the state’s woes is a backlog of foreclosures caused by a required court review of each case. Judicial supervision of repossessions is slowing Florida’s rebound, in contrast to California and Arizona, so-called nonjudicial states, where lenders send notices to delinquent borrowers and record defaults at the county level without court intervention, said Lawrence Yun, chief economist of the National Association of Realtors. It took 853 days on average in Florida to complete a foreclosure in the fourth quarter, the third-longest behind New York and New Jersey, RealtyTrac said in today’s report. The U.S. average rose to 414 days from 348 days a year earlier, the most since the data firm began tracking the metric in 2007. Texas had the shortest period at 113 days. Almost 20 percent of outstanding Florida loans were more than 30 days delinquent or in foreclosure in November, the largest share of non-current mortgages in the nation, according to data provider Lender Processing Services. Read more.

ANALYSIS: REWRITING U.S. TAX LAW HAS CONSENSUS WHILE FIX PROVES ELUSIVE

Maintaining a bipartisan consensus in Congress to rewrite the U.S. tax code will be difficult as there is little agreement on what a tax overhaul means and what it is supposed to achieve, according to a Bloomberg News analysis yesterday. Republicans, who control the U.S. House, want lower tax rates and fewer breaks in a simpler system that raises no additional revenue. The Obama administration and many Democrats endorse some of those goals – particularly corporate rate reduction – while viewing a tax rewrite as a way to guarantee more revenue from top earners. That split will challenge lawmakers as they decide whether to rewrite the code as part of budget talks or work on a major tax bill without a fiscal agreement. Compromise remains elusive, though the code is more convoluted -- and therefore, ripe for change -- following passage of a law Jan. 1 that raised marginal rates and reinstated limits on personal exemptions and deductions. Read more.

BLOOMBERG'S LATEST "BILL ON BANKRUPTCY" VIDEO: MF GLOBAL CREDITORS UNDETERRED BY LOW VALUE

The low valuation creditors of MF Global Holding Ltd. put on their liquidating chapter 11 plan is not deterring the bond market where debt is being sold for roughly twice the predicted recovery for unsecured creditors of the liquidating commodity broker's holding company. Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explore this and other current cases in their latest video. Click here to view.

TAKE AN IN-DEPTH LOOK AT CREDITORS' COMMITTEES AND THE ROLE OF THE INDENTURE TRUSTEES AT ABI'S 31ST ANNUAL SPRING MEETING

The 2013 Annual Spring Meeting, to be held April 18-21, 2013, at the Gaylord National Resort and Convention Center in National Harbor, Md., features a roster of the best national speakers, while the depth and scope of topics offer something for everyone. Specifically, four concurrent workshops will cover various “tracks,” including programs for attorneys in commercial cases, a track for restructuring professionals, a track of professional development programming and a track dealing solely with consumer issues. More than 16 hours of CLE/CPE is offered in some states, along with ethics credit totaling 3 hours, making the cost only about $50 per credit. In addition, committee sessions will drill down on other topics to provide you with the most practical and varied CLE/CPE experience ever. Sessions include:

• 17th Annual Great Debates
• Mediation: An Irrational Approach to a Rational Result
• Current Issues for Financial Advisors in Bankruptcy Cases
• The Individual Conundrum: Chapter 7, 11 or 13?
• The Power to Veto Bankruptcy Sales
• Real Estate Issues in Health Care Restructurings
• Law Firm Bankruptcies
• How to Be a Successful Expert
• The Ethical Compass: Multiple Ethical Schemes Applicable to Financial Advisors
• Chapter 9s, Nonprofits and Other Nontraditional Restructuring Processes
• And much more!

The Spring Meeting will also feature a field hearing of the ABI Commission to Study the Reform of Chapter 11, a report from the ABI Ethics Task Force, a luncheon panel discussion moderated by Bill Rochelle of Bloomberg News, and a Final Night Gala Dinner featuring a concert by Joan Jett and the Blackhearts!

Register today!

ABI IN-DEPTH

ABI LIVE WEBINAR: REVISITING RADLAX AND HALL – NEW LEGAL AND PRACTICAL IMPACT OF THE DECISIONS

See why this was the top-rated panel at the ABI Winter Leadership Conference last month! Join the expert panel on Feb. 19 from 12:00-1:15pm EST as the summarize and discuss the legal impact and practical implications of the Supreme Court’s 2012 decisions in Radlax and Hall. Participants include:

Susan M. Freeman of Lewis and Roca LLP (Phoenix)

Adam A. Lewis of Morrison & Foerster LLP (San Francisco)

• Prof. Charles J. Tabb of the University of Illinois College of Law (Champaign, Ill.)

Eric E. Walker of Perkins Coie LLP (Chicago)

Click here to register!

LATEST CASE SUMMARY ON VOLO: TIMCO LLC V. T AND M SALES AGENCY INC. (IN RE TIMCO LLC; 6TH CIR.)

Summarized by James E. Bailey III of Butler Snow O'Mara Stevens & Cannada PLLC

The Sixth Circuit ruled that the appeal of the bankruptcy court's decision to remand a case removed by state court action to confirm an arbitration award that was affirmed by a district court was not reviewable by the court of appeals under 28 U.S.C. § 1334(d). The appeal of the order granting relief from the automatic stay to allow the state court action to proceed was moot where the debtor failed to obtain stay pending appeal and the state court had entered a valid order confirming an arbitration award.

There are more than 700 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: HIGH-INCOME EARNERS NOT BARRED FROM PASSING BANKRUPTCY'S MEANS TEST

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A new post discusses the misconception that bankruptcy's means test bars high-income earners from qualifying for chapter 7 relief.

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'S INDUBITABLE EQUIVALENTS: TELL US A TUNE AND WE'LL SING YOU THAT SONG!

ABI's Indubitable Equivalents need your help: Tell us your favorite Rock and Roll tune - that elusive classic that takes you back, makes your feet tap, your head bang, and your horns come out! If we pick your song, you get widespread promotion by the band and you'll receive a free CD of IE’s greatest hits!

To enter, log onto www.abiband.com or “like” the Band’s Facebook page.

The fine print: No purchase necessary. You can enter as many times as you want. Multiple winners will be selected. Winners will be announced on the IE website and on Facebook. Entry deadline: January 31.

ABI Quick Poll

After Stern, bankruptcy courts do not have the constitutional authority to enter final judgments on fraudulent conveyance claims.

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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MONDAY:

 

 

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Jan. 21, 2013
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Jan. 24-25, 2013
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ABI Live Webinar: Revisiting RadLAX and Hall- New Legal and Practical Impact of the Decisions
Feb. 19, 2013
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ACBPIKC 2013
Feb. 20-22, 2013
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March 7-9, 2013
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BBW 2013
March 22, 2013
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  CALENDAR OF EVENTS
 

2013

January
- Western Consumer Bankruptcy Conference
     January 21, 2013 | Las Vegas, Nev.
- Rocky Mountain Bankruptcy Conference
     January 24-25, 2013 | Denver, Colo.

February
- Caribbean Insolvency Symposium
     February 7-9, 2013 | Miami, Fla.
- ABI Live Webinar: Revisiting RadLAX and Hall- New Legal and Practical Impact of the Decisions
     February 19, 2013


  

- VALCON 2013
     February 20-22, 2013 | Las Vegas, Nev.

March
- 37th Annual Alexander L. Paskay Seminar on Bankruptcy Law and Practice
     March 7-9, 2013 | St. Petersburg, Fla.
- Bankruptcy Battleground West
     March 22, 2013 | Los Angeles, Calif.

April
- Annual Spring Meeting
     April 18-21, 2013 | National Harbor, Md.


 
 
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Congress Approves Student Loan Interest Plan

ABI Bankruptcy Brief | August 1, 2013
 
  

August 1, 2013

 
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  NEWS AND ANALYSIS   

CONGRESS APPROVES STUDENT LOAN INTEREST PLAN

The millions of college students and parents who will borrow money from the federal government for the coming school year can plan on much lower interest rates than originally offered, as the U.S. House overwhelmingly voted 392 to 31 yesterday to approve a Senate plan that would allow interest rates to move with the financial markets, the Washington Post reported today. The plan now goes to President Obama for signature, who has already voiced his support. Undergraduates who take out federal loans for the coming school year can expect an interest rate of 3.86 percent, while the rate for graduate students will be 5.41 percent. The interest rate for PLUS loans, available to graduate students and parents of students, will be 6.41 percent. All of those rates are lower than the current fixed rates of 6.8 percent for Stafford loans and 7.9 percent for PLUS loans. These rates will apply to loans taken out since July 1 and will lock in for the lifetime of the loan. The plan calls for limits on how high the rates can go: 8.25 percent for undergraduates, 9.5 percent for graduate students and 10.5 percent for PLUS loans. Read more.

DETROIT

COMMENTARY: FOR DETROIT'S RETIREES, MICHIGAN'S PENSION PROMISE MUST BE KEPT

If all of Detroit's creditors and claimants are on the hook for a reduction in the $18.5 billion in debt and long-term liabilities they're owed, a fair settlement cannot be reached without accounting for the damage done in the process, to the city and to its people, according to an editorial today in the Detroit Free Press. Among the city's claimants, retirees are the most vulnerable, according to the editorial. Their payouts are meager -- an average of $30,000 a year for police and fire, $19,000 for other city employees -- but absolutely crucial to their survival. And even though the pension systems' elected leadership mismanaged funds, made poor investments and overstated the funds' health, to place the burden of the consequences of those missteps on recipients is a nightmare. If you're getting only about $1,600 a month -- now subject to state income tax -- even a small adjustment can be devastating. Many pensioners would have to turn to public assistance, lose their independence, or worse. The editorial insists that Detroit face up to its decades of financial mismanagement, support the idea that residents and services should be prioritized over the city's debts and liabilities, and accept that bankruptcy is the vehicle for that restructuring. A financially solvent Detroit bought at the expense of retirees' welfare and safety is an equation that doesn't balance. Read the full editorial.

Looking for court documents or the state statutes referenced 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.

BLOOMBERG'S LATEST "BILL ON BANKRUPTCY" VIDEO: DETROIT COULD MEAN LITTLE FOR CREDITORS

How Detroit is dramatically different from any other municipal bankruptcy is the first topic of discussion on the video with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle. To watch the video, please click here.

ANALYSIS: EMINENT DOMAIN BATTLE PITS HOMEOWNER AGAINST HOSPITAL

Robert and Patricia Castillo, a California couple who have already had their monthly mortgage payments cut by almost 60 percent, want the city of Richmond to reduce their debt further by using its powers of eminent domain. But that could be bad for hospitals in Missouri, according to a Bloomberg News analysis today. The Castillos owe $436,500 on two loans on a three-bedroom home that's now worth about $125,000. The hospitals are members of a mutual insurer that's among investors in the Pimco High Yield Fund, which owns a slice of the bonds backed by loans including the Castillos'. Richmond Mayor Gayle McLaughlin said "it's our community that's at stake here," and the eminent domain plan is needed to help her city stem its foreclosure crisis. At least a dozen cities still dealing with the fallout of the housing bust are studying proposals to confiscate home loans and write them down to help homeowners escape oversized debt burdens. Pacific Investment Management Co., which is known as Pimco and manages the world's largest bond fund, is among mortgage-securities investors organizing a coalition to take legal action to oppose the push. The program is advocated by Steven Gluckstern's Mortgage Resolution Partners LLC, which would provide services and arrange for private investment funds that would profit by buying the loans for less than property values and then reworking them. Read more.

BANKS FIND S&P TO BE MORE FAVORABLE IN ITS BOND RATINGS

Five years after inflated credit ratings helped touch off the financial crisis, the nation's largest ratings agency, Standard & Poor's, is winning business again by offering more favorable ratings, the New York Times DealBook blog reported today. S&P has been giving higher grades than its big rivals to certain mortgage-backed securities just as Wall Street is eagerly trying to revive the market for these investments, according to an analysis conducted for the New York Times by Commercial Mortgage Alert, which collects data on the industry. S&P's chase for business is notable because it is fighting a government lawsuit accusing it of similar action that occurred before the financial crisis. As the company battles those accusations, industry participants say that it has once again been moving to capture business by offering Wall Street underwriters higher ratings than other agencies will offer. Banks have shown a new willingness to hire S&P to rate their bonds and have tripled its market share in the first half of 2013. Its biggest rivals have been much less likely to give higher ratings. Read more.

SEC POISED TO ACT ON CEO PAY

A rule requiring public companies to disclose how much their chief executives are paid compared to average workers will be issued "in the near future," according to the chairwoman of the Securities and Exchange Commission (SEC), The Hill reported yesterday. "I hope that it is completed in the next month or two," Mary Jo White said at a Senate Banking Committee hearing on Tuesday. The rule was ordered under the Dodd-Frank Act in 2010, but has yet to be issued by the SEC. Democrats and union leaders who back the rule say it would help workers negotiate their salaries and expose patterns of income inequality. Business groups have opposed the requirement as overly burdensome, and worry that it could end up hurting companies by diverting money and resources to calculating the total benefits, overtime and other pay measures for all workers. Read more.

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 attend ABI's recent 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 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 Nov. 1. ABI's Ethics & Professional Compensation Committee will present a panel of experts, including Clifford J. 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 speak on this important and timely topic.

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: THE WHITE FAMILY COMPANIES INC. V. SLONE (IN RE DAYTON TITLE AGENCY INC.; 6TH CIR.)

Summarized by Thomas DeCarlo

The Sixth Circuit ruled that funds constitute property of the debtor at the time of transfer for purposes of avoiding a fraudulent transfer. Provisional credit by the bank for a check deposited by the debtor to hold in trust for a third party amounted to a loan to the debtor when deposited check bounced. As the third party never actually conveyed any money to the debtor, there was nothing for the debtor to hold in trust.

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: MERCHANTS SCORE A WIN IN SWIPE FEE WAR

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post examines a federal judge's ruling that overturned the Federal Reserve's rule on debit card swipe fee caps, effectively stating that the central bank had set the caps too high.

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 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

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
- 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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Foreclosure Filings Increase in 60 Percent of Large U.S. Cities

ABI Bankruptcy Brief | July 26, 2012
 
  

July 26, 2012

 
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  NEWS AND ANALYSIS   

FORECLOSURE FILINGS INCREASE IN 60 PERCENT OF LARGE U.S. CITIES

RealtyTrac Inc. reported that foreclosure filings rose in almost 60 percent of large U.S. cities in the first half of 2012, indicating that many areas will have more distressed homes on the market later this year, Bloomberg News reported today. More than 1 million homes in metropolitan areas with populations of at least 200,000 received notices of default, auction or repossession, up 1.5 percent from the last six months of 2011, the Irvine, Calif.-based data provider said today. Among the 20 largest markets, Tampa, Fla., Philadelphia, Chicago and New York City had the biggest percentage increases in filings. Across the nation, one in 126 households received a foreclosure notice in the first half of the year, RealtyTrac said. Of the 212 metro areas with at least 200,000 residents, 125 cities had an increase in filings from the latter half of 2011. Read more.

DEMOCRATS PROPOSE BILL TO PROTECT WAGES, BENEFITS IN BANKRUPTCY

Congressional Democrats are proposing legislation that could double employees' and retirees' recoveries when their employers file for chapter 11 protection, Dow Jones Daily Bankruptcy Review reported yesterday. Led by Sen. Dick Durbin (D-Ill.) and Rep. John Conyers (R-Mich.), the "Protecting Employees and Retirees in Business Bankruptcies Act" introduced on July 12 would amend the Bankruptcy Code to double, to $20,000, the maximum claim for wages and benefits that workers and retirees can assert in their employers' chapter 11 cases. Rep. Conyers and Sen. Durbin have introduced similar legislation twice already, in 2007 and 2010, but neither version made it before the full House or Senate. Read more. (Subscription required.)

To read the text of the "Protecting Employees and Retirees in Business Bankruptcies Act," please click here.

COMMENTARY: BETTER DISCLOSURE FOR PRIVATE LOANS NEEDED

About two-thirds of bachelor’s degree recipients borrow to complete their educations, but only the fortunate among them rely on federal loans that offer a low, fixed-interest rate and broad consumer protections that allow them to defer payments if they lose their jobs, according to a New York Times editorial today. However, many students have to turn to private student loans that have variable interest rates and few consumer protections. A new study issued jointly last week by the Consumer Financial Protection Bureau and the Department of Education makes it clear that the government, Congress in particular, can do a better job of educating families about the significant differences between private and federal loans while making sure that colleges and lenders are up-front and honest about risks. The study's most distressing finding is that more than 40 percent of students who borrowed privately were in fact eligible to borrow from the safer and generally less costly federal program. The study says that the poor economy has made it hard for many student borrowers of private loans to meet their obligations, and many are at risk of default. At a minimum, Congress should revisit the 2005 amendments to the bankruptcy law, but it should also pass a pending bill sponsored by Sens. Richard Durbin (D-Ill.) and Tom Harkin (D-Iowa) that would require colleges and lenders to thoroughly explain borrowing options to students. Read the full editorial.

MAJOR RETAILERS OPPOSE SWIPE FEE SETTLEMENT

Many analysts considered the $7.25 billion credit card interchange fee settlement to be a significant victory for retailers, but the world's two largest retailers, Walmart and Target, have both come out against the proposed settlement, Forbes.com reported today. They join the National Association of Convenience Stores and the National Retail Federation, two organizations which immediately denounced the settlement when it was first announced on July 13. These organizations feel that the settlement has left credit card issuers with too much control over swipe fees. As part of the landmark agreement–the largest antitrust class-action settlement in history–MasterCard, Visa and major banks agreed to pay more than $6 billion to resolve accusations that they engaged in anticompetitive practices and price fixing in payment processing. In addition, credit card companies agreed to reduce swipe fees for eight months, an adjustment valued at $1.2 billion. The settlement would also allow retailers to charge higher prices to their customers for paying with credit cards. Before this settlement, the card companies prohibited retailers from adding this type of surcharge. Read more.

STATES SEEK CONGRESSIONAL ASSISTANCE TO COLLECT INTERNET SALES TAXES

More than 21 states have simplified how they collect taxes in hopes of recovering an estimated $20 billion in sales taxes that go uncollected by out-of-state online merchants every year, but the nation's governors say that they still need help from Congress, the Associated Press reported today. Speaking on behalf of the National Governors Association, Tennessee Gov. Bill Haslam (R) told the House Judiciary Committee on Tuesday that it is not fair to local businesses that online sellers are not required to collect and distribute state sales taxes for purchases made where they don't have a physical presence. Through the Streamlined Sales and Use Tax coalition, nearly 21 states are in full compliance with the laws and regulations set forth by the cooperative and have agreed to implement the policies and software technology that would make it easy for even the smallest businesses to collect and forward sales taxes across state lines. Reps. Steve Womack (R-Ark.) and Jackie Speier (D-Calif.) urged the House to pass the Marketplace Equity Act of 2011, which is co-sponsored by 48 House lawmakers from both parties. The act was in response to a 1992 Supreme Court decision that restricted states from collecting sales taxes on Internet transactions from online retailers that did not have a physical connection with the state. Read more.

LATEST ABI PODCAST EXAMINES CALIFORNIA COUNTY'S CONTROVERSIAL PROPOSAL TO USE EMINENT DOMAIN TO PROVIDE RELIEF FOR UNDERWATER HOMEOWNERS

The latest ABI podcast features ABI Executive Director Sam Gerdano talking with former ABI Resident Scholar Prof. Mark Scarberry from the Pepperdine University School of Law about a controversial proposal being considered by a few localities in California to provide relief to underwater homeowners. Officials from San Bernardino County, Calif., along with two other cities are considering a proposal to use eminent domain to reclaim underwater, but performing, mortgages to then rewrite the mortgage and lower the monthly payments. The county would then pay investors what they consider "fair value" for the mortgage. Scarberry, who continues to analyze various approaches to the foreclosure crisis, talks about the proposal and the potential legal ramifications of using eminent domain to provide relief from the foreclosure crisis. Click here to listen to the podcast.

“SUBJECTING BUSINESS PROJECTIONS TO SCRUTINY IN VALUATION DISPUTES” WEBINAR TO BE HELD ON JULY 30!

Reassembling the speakers from the highest-rated panel at the New York City Bankruptcy Conference this year, ABI will be holding a live webinar on July 30 at 11 a.m. ET titled, "Subjecting Business Projections to Scrutiny in Valuation Disputes." Panelists include:

  • Moderator David Pauker of Goldin Associates, LLC (New York)
  • Martin J. Bienenstock of Proskauer (New York)
  • David M. Hillman of Schulte Roth & Zabel LLP (New York)
  • Bankruptcy Judge Robert E. Gerber (S.D.N.Y.)

The panel will address:

  • How much deference should management projections be accorded?
  • How do you determine whether projections are unrealistically optimistic or pessimistic?
  • What is the relevance of "market consensus?"
  • How do management’s incentives impact projections?

The webinar is available to ABI members for $75 and is approved for 1.0 CLE hours in Calif., Ga., Hawaii, Ill., N.Y. (approved jurisdiction policy) S.C. and Texas. CLE approval is pending in Del., Fla., Pa. and Tenn. To register, please click here.

ABI IN-DEPTH

LATEST CASE SUMMARY ON VOLO: MORRIS V. BROWN (IN RE BROWN; 6TH CIR.)

Summarized by Robert Hillyer of Butler Snow O'Mara Stevens & Cannada PLLC

The Sixth Circuit affirmed a lower court order granting summary judgment in favor of appellee Brown dismissing the adversary complaint filed by appellants Morris and Lynch seeking determination that Brown's debt to them was nondischargeable under 11 U.S.C. § 523(a)(6).

More than 570 appellate opinions are summarized on Volo typically 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: MORTGAGE MODIFICATIONS IN BANKRUPTCY HELP HOMEOWNERS

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent post advocates for more bankruptcy courts to start using the Mortgage Modification Mediation Program first started by Judge Robert Drain in the Southern District of New York.

Strong opinions on mortgage modification in bankruptcy proceedings? Make sure to vote on ABI's latest Quick Poll below!

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
The anti-modification rule for home mortgages in chapter 13 should be repealed, subjecting mortgage debts to bifurcation like any other secured claim.

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

IS YOUR ABI MEMBERSHIP PROFILE CURRENT?

Keeping a current profile will allow you to benefit from one of ABI's most important services - networking. When you update your profile, you are putting your most valuable information in the membership directory. Be sure to include your areas of expertise, firm information, education and join any other committees that are of interest. Click here to update your profile.

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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LAST CHANCE TO REGISTER!

Webinar: "Subjecting Business Projections to Scrutiny in Valuation Disputes"
July 30, 2012
Register Today!


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August 2-4, 2012
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Sept. 13-14, 2012
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SW 2012
Sept. 13-15, 2012
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Sept. 19-20, 2012
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NABMW 2012
Oct. 4, 2012
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SE 2012
Oct. 5, 2012
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SE 2012
Oct. 5, 2012
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SE 2012
Oct. 8, 2012
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SE 2012
Oct. 18, 2012
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SE 2012
Nov. 12, 2012
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  CALENDAR OF EVENTS
 

July
-Valuation Webinar, July 30 at 11 a.m. ET

August
- Mid-Atlantic Bankruptcy Workshop
     August 2-4, 2012 | Cambridge, Md.

September
- Complex Financial Restructuring Program
     September 13-14, 2012 | Las Vegas, Nev.
- Southwest Bankruptcy Conference
     September 13-15, 2012 | Las Vegas, Nev.
- 38th Annual Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization
     September 19-20, 2012 | New York, N.Y.


  

October
- Nuts & Bolts for Young and New Practitioners - KC
     October 4, 2012 | Kansas City, Mo.
- Midwestern Bankruptcy Institute Program, Midwestern Consumer Forum
     October 5, 2012 | Kansas City, Mo.
- Bankruptcy 2012: Views from the Bench
     October 5, 2012 | Washington, D.C.
- Chicago Consumer Bankruptcy Conference
     October 8, 2012 | Chicago, Ill.
- International Insolvency and Restructuring Symposium
     October 18, 2012 | Rome, Italy

November
- Detroit Consumer Bankruptcy Conference
     November 12, 2012 | Detroit, Mich.


 
 
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Detroit Becomes Biggest U.S. City to File for Bankruptcy

ABI Bankruptcy Brief | July 18, 2013
 
  

July 18, 2013

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

DETROIT BECOMES BIGGEST U.S. CITY TO FILE FOR BANKRUPTCY

Detroit today became the biggest U.S. city to file for bankruptcy as it officially sought bankruptcy court protection from its creditors while it tries to eliminate a budget deficit and cut its long-term debt, Bloomberg News reported today. The city listed assets and debt of more than $1 billion in a chapter 9 petition filed today in federal court in Detroit. Kevyn Orr, the state-appointed emergency fiscal manager, warned in May that the city might run out of cash. His proposal to restructure more than $17 billion in debt and long-term obligations includes cutting pension payments, ending cost-of-living increases, removing some workers from the system and making the rest pay more. "Without a significant restructuring of its debt, the city will be unable to break the cycle of damaging cutbacks in essential municipal services and investments," Orr said in a report. The case is City of Detroit, 13-53846, U.S. Bankruptcy Court, Eastern District of Michigan (Detroit). 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.

LEGISLATION REINTRODUCED TO STOP EMINENT DOMAIN PROPOSALS AIMED AT UNDERWATER HOMEOWNERS

Rep. John Campbell (R-Calif.) reintroduced "The Defending American Taxpayers from Abusive Government Takings Act" today to stop city and county governments from enacting eminent domain policies aimed at underwater homeowners, according to a press release today from Campbell's office. Despite the failure of Mortgage Resolution Partners LLC (MRP) to receive approval for their eminent domain proposal by San Bernardino County, Calif., and Chicago last year, local governments and cities around the country are entertaining similar proposals. Cities in California and Nevada continue to consider MRP's proposal for local governments to seize mortgages from bond trusts to cut balances and help homeowners. MRP recently sent letters to securities trustees and loan servicers asking them to verify their roles in specific deals and provide information about individual mortgages that could be purchased. MRP must try to negotiate to buy the loans before municipalities can use powers known as eminent domain to force the sales, and then they would then lower the principal owed. The moves signal a renewed battle over the initiative, which has drawn opposition from bondholders such as Pacific Investment Management Co. and DoubleLine Capital LP and at least 18 trade groups representing the finance industry, homebuilders and real-estate firms. Rep. Campbell introduced the same measure last year in response to the MRP proposal. "Using eminent domain to seize mortgages is not only legally questionable," said Campbell, "it represents a complete abrogation of private property rights. The federal government and the American taxpayer would be forced to bear all the risk in the event of a failure." To read Rep. Campbell's press release on the legislation, please click here.

To read the Bloomberg News analysis, please click here.

SENATORS REACH DEAL ON STUDENT LOANS, PREPARE FOR VOTE

Under pressure from the White House, senators are quickly moving forward with a plan to change how the government sets federal student loan interest rates, tying them to market rates but imposing caps on how high those rates can go, the Associated Press reported today. Senate Majority Leader Harry Reid (D-Nev.) said today that a vote could come this week. The deal was brokered by a bipartisan group of senators who have been negotiating for weeks, with the help of Department of Education staffers who have been camped out in their offices. Under this new deal, finalized today, undergraduates would all pay the same interest rate, a change from recent years when some low- and middle-income students received a lower rate. Graduate students and parents of students would have their own rates, which would be higher than those for undergraduates and have higher caps. The plan is expected to save the government $715 million over a decade, according to aides. For the coming school year, undergraduates would see rates of 3.86 percent. That's lower than the current fixed rate of 6.8 percent, but the new rate could go as high as 8.25 percent in future years. Graduate students would pay about 5.41 percent for the coming year and up to 9.5 percent in the future. Loans taken out by parents for their dependent children would have an interest rate around of 6.41 percent that could go as high as 10.5 percent. Right now, graduate students have interest rates of 6.8 and 7.9 percent, while parents pay 7.9 percent. Read more.

ANALYSIS: REGULATORY RIFT DEVELOPS GLOBALLY OVER FINANCIAL SYSTEM

Global regulators are pursuing disparate approaches to protecting the financial system against future shocks, fracturing an agreement forged in the wake of the 2008 financial crisis to adopt a coordinated response, the Wall Street Journal reported today. Policymakers, at odds over how to reduce risk in the financial system, are disagreeing over what the proper capital levels should be for banks, derivatives regulation, criminal prosecutions of bankers and even the appropriate forum for brokering agreements on financial-services issues. Countries such as the U.S., U.K. and Switzerland are demanding that banks build thicker capital cushions to absorb losses and bigger liquidity buffers than most other European countries are embracing. European and U.K. officials have shown a greater willingness than their U.S. counterparts to rein in bankers' pay and target bad behavior with criminal prosecutions. The U.K.'s banking supervisors have also urged some European and U.S. banks to restructure their U.K. operations and have pressured foreign branches of banks from many countries -- from crisis-hit countries like Cyprus to Switzerland and the U.S. -- to stockpile additional funds in their British arms. The different approaches have led to cross-border sniping, with its European Union officials threatening retaliation if the U.S. imposes its rules abroad. Britain's push has led it afoul of European counterparts, who criticize the country's aggressive approach as a violation of the bloc's "single market" rules. U.S. Treasury Secretary Jacob Lew said yesterday that global coordination shouldn't come at the expense of tough rules. Some executives say privately that the discord gives them a chance to delay or water down rules by pitting regulators in different countries against one another. Read more. (Subscription required.)

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 next 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! There's no charge to register or participate in the Tour.

ABI IN-DEPTH

NORTON JUDICIAL EXCELLENCE AWARD NOMINATIONS OPEN

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 are available from Clay Mattson at Thomson Reuters (clay.mattson@thomsonreuters.com) and should be submitted by July 29.

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: UNITED JOINT VENTURE LP V. NOBLE (IN RE JENNINGS; 11TH CIR.)

Summarized by Lyndel Anne Mason of Cavazos, Hendricks, Poirot & Smitham, PC

The Eleventh Circuit ruled that the chapter 7 trustee's decision to close the estate as a "no asset" estate and not sell or settle a state court's judgment in favor of the debtor was within his business judgment under § 544(a), and the district court deference to that decision was affirmed.

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: BIG BANKS' WARNINGS ABOUT LEVERAGE RATIO FAIL THE SMELL TEST

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A new blog post finds that the new leverage ratio is a relatively modest proposal that can be easily addressed by affected banks without material capital raises or changes in distribution policy.

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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July Foreclosure Activity Down 32 Percent over Last Year

ABI Bankruptcy Brief | August 15, 2013
 
  

August 15, 2013

 
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  NEWS AND ANALYSIS   

JULY FORECLOSURE ACTIVITY DOWN 32 PERCENT OVER LAST YEAR

RealtyTrac reported that foreclosure filings last month -- including default notices, auctions and bank repossessions -- increased 2 percent from their 78-month low in June but were still down 32 percent from a year ago, USA Today reported today. Foreclosure starts -- the beginning of the process -- were up 6 percent from June but 38 percent lower year over year. Overall, foreclosure activity in July touched almost 131,000 homes. That's down 64 percent from the peak of foreclosure activity in early 2010, but still 54 percent above the average monthly foreclosure activity before the 2006 housing bust. Read more.

U.S. HOUSEHOLD DEBT DECLINED SLIGHTLY DURING SECOND QUARTER

The Federal Reserve Bank of New York reported yesterday that U.S. household debt fell 0.7 percent during the second quarter as a drop in mortgage balances outpaced a rise in borrowing to finance cars and education, Bloomberg News reported yesterday. Consumer indebtedness declined $78 billion to $11.15 trillion, according to a quarterly report on household debt and credit released today by the Fed district bank. Mortgage balances decreased $91 billion to $7.84 trillion, and home-equity lines of credit fell by $12 billion to $540 billion. Americans have slashed their debt from a peak of $12.68 trillion in the third quarter of 2008, according to the New York Fed. Non-housing borrowing increased by 0.9 percent as car loan balances rose by $20 billion, and student loan and credit card borrowing each increased by $8 billion, the report said. Auto-loan debt has grown by $108 billion in the last nine quarters, according to the New York Fed. Read more.

ANALYSIS: STUDENT-LOAN LOAD KILLS STARTUP DREAMS

The rising mountain of student debt, recently closing in on $1.2 trillion, is forcing some entrepreneurs to abandon startup dreams and others to radically reshape their business plans, the Wall Street Journal reported yesterday. The average student who borrows has piled up about $40,000 in debt by graduation, including parents' loans -- nearly double the levels of a decade ago, according to Edvisors.com, which runs college-planning and financial-aid websites. Recipients of graduate and professional degrees who borrow carry an average of more than $55,000 in debt at graduation, including undergraduate loans but not parent loans. That is up from $40,800 some 10 years ago. Some academic experts say that leftover loans are the biggest impediment to upstart entrepreneurship by those who recently received college or graduate degrees. At least one state has taken steps to alleviate the pressures. California this year enacted legislation that will reduce college costs for middle-class Californians who attend its public universities. Similarly, the Rhode Island Student Loan Authority (RISLA), a quasigovernmental nonprofit group, is looking at whether it is feasible to temporarily forbear or reduce payments for recent graduates who start a businesses or go to work for a new venture. The aim is to give recent graduates "the opportunity to try working for a startup or creating a startup instead of having to run off to Arizona and start working for Intel," says Charles P. Kelley, RISLA executive director. Read more. (Subscription required.)

STATES RECEPTIVE TO PROPOSALS AIMED AT BREAKING UP BIG BANKS

Sen. Elizabeth Warren's (D-Mass.) effort to break up Wall Street banks through proposals to resurrect the Glass-Steagall Act may not have a lot of support in Congress, but it has a sympathetic audience in state capitals across the country, Politico reported yesterday. Lawmakers in at least 18 states have introduced resolutions this year calling on Congress to split up banking giants by putting back in place a wall between commercial banking, taking deposits and making loans, and investment banking, the world of traders and deal-makers. "We on the state level have been looking for an Elizabeth Warren -- someone to carry this banner for us," said Illinois state Rep. Mary Flowers, a Democrat who is the lead sponsor on a resolution introduced in May that urges Congress to reinstate Glass-Steagall, which was repealed in 1999. Read more.

abiLIVE WEBINAR NEXT TUESDAY: 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 Nov. 1. ABI's Ethics & Professional Compensation Committee will present a panel of experts, including Clifford J. 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 speak on this important and timely topic.

ABI GOLF TOUR UNDERWAY; NEXT STOP IS THE SOUTHWEST BANKRUPTCY CONFERENCE NEXT WEEK

The 6th stop for the ABI Golf Tour is on Aug. 22 at the Incline Village Champion course, held in conjunction with ABI's Southwest Bankruptcy Conference. 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 at July's Southeast Bankruptcy Workshop. 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: WILLIAM EDWIN LINDSEY V. PINNACLE NATIONAL BANK, ET AL. (IN RE LINDSEY; 6TH CIR.)

Summarized by Dean Langdon of DelCotto Law Group PLLC

The Sixth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction, holding that the district court's affirmation of the bankruptcy court order declining to confirm a proposed chapter 11 plan was not a final order under 11 U.S.C. § 158(d)(1), and no party had sought certification under § 158 (d)(2). The Court joined the Second, Eighth, Ninth and Tenth Circuits in holding that an order denying confirmation was not a final order under § 158(d)(1), and it rejected contrary decisions from the Third, Fourth and Fifth Circuits.

There are nearly 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: EFFECT OF THE DOJ'S LAWSUIT IN AMR'S BANKRUPTCY

The Bankruptcy Blog Exchange is a free ABI service that tracks 35 bankruptcy-related blogs. A recent blog post examines the effect that DOJ's anti-merger lawsuit will have on AMR's attempts to emerge from 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 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

August
- 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
- 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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