attorney procedural news

Key Noticing Addresses for Bankruptcy

By Andrew Mansfield

You must provide notice to certain governmental agencies and taxing authorities at precise addresses.  I have placed several of those addresses here for easy reference.

Internal Revenue Service
P.O. Box 7346
Philadelphia, PA 19101-7346

Securities Exchange Commission
5670 Wilshire Boulevard, 11th Floor
Los Angeles, CA  90036

Employment Development Department
Bankruptcy Group MIC 92E
P. O. Box 826880
Sacramento, CA  94280-0001

Service of Adversary Proceedings:
Franchise Tax Board
Chief Counsel
c/o General Counsel Section
P.O. Box 1720, MS:  A-260
Rancho Cordova, CA 95741-1720

Franchise Tax Board
Bankruptcy Section, MS: A-340
P. O. Box 2952
Sacramento, CA  95812-2952

Los Angeles County Tax Collector
P. O. Box 54110
Los Angeles, CA 90051-0110


If you need assistance with filing for bankruptcy, call Mansfield Law Office.  We are conveniently located in Ventura and Oxnard.  

Business Documents and Back-up Information Required for Self-Employed Chapter 13 Debtors

It is crucial that individuals filing a Chapter 13 bankruptcy and who are self-employed or business owners know that they must provide additional information to the Trustee.  That information includes:

(A) Projection of average monthly income and expenses for the next 12 months;

(B) Evidence of appropriate business insurance;

(C) Inventory of goods as well as a list of business furnishings and equipment as of the date of the filing of the petition;

(D) Monthly income and expense statements for at least the 6 months preceding the date of the filing of the petition, or for such shorter time if the business has been in operation for less than the requisite 6 months, signed by the debtor under penalty of perjury, including a statement regarding incurred and unpaid expenses;

(E) Tax returns for at least 5 years or since the start of the business, whichever period is shorter; and

(F) Such other evidence requested by the chapter 13 trustee, including bank statements, canceled checks, contracts, or other information relevant to the debtor's ability to fund the proposed plan.

These items are required by local bankruptcy rules in the Central District of California.  Be aware these requirements may only apply to the Central District of California.  As always, do not take this information as legal advice and by providing it you are not entering any form of attorney client relationship with Andrew Mansfield.  Seek the advice of an attorney if you are contemplating filing bankruptcy.

United States Bankruptcy Court, Central District of California on Twitter

By Andrew Mansfield

From the United States Bankruptcy Court, Central District of California, Court News.

The Court has been posting to its Twitter account for a year now, and has sent over 430 “tweets” to about 350 followers.  The Court posts announcements, Notices of Sale, Public Notices, computer status updates, and other timely information. Many are not aware that they can view the Court’s Twitter postings without the need to get a Twitter account or even register. Just click on the Twitter logo on the home page of the Court’s website (www.cacb.uscourts.gov).  The postings are arranged in chronological order, making it easy to quickly catch up with what is going on at the Court.  For those with a Twitter account, you can use this free service to follow us @cacbnews.

Mansfield Law Office
56 E. Main St., Suite 110
Ventura, CA 93001
www.mansfieldlawoffice.net

Central District of California Bankruptcy Court Launches Mobile Access

From the January / February Central District of California Bankruptcy Court News

MOBILE JUDICIAL CALENDAR WITH TENTATIVE RULINGS AND MOBILE PACER CASE LOCATOR LAUNCHED

Attorneys practicing in the Central District have two new tools for mobile devices at their disposal. The Mobile Judicial Calendar with Tentative Rulings allows attorneys to view judges’ calendars and tentative rulings on mobile devices such as iPhones, iPads, and Blackberries. The website for the Mobile Judicial Calendar is ecf-ciao.cacb.uscourts.gov/mtr. Click on the Select Judge button and choose a judge’s name from the list to see his or her calendar. If your mobile device has a PDF reader, you can save tentative rulings to view or print later. To use the Mobile PACER Case Locator, supported by Apple devices and version 2.2 or higher Androids, visit pcl.uscourts.gov/searchmobile. The PACER Case Locator allows users to search for court records in all bankruptcy, district, and appellate courts.

Consumer Bankruptcy Attorneys Should Review New Creditor Proof of Claims Rules


The Federal Rules of Bankruptcy Procedure (FRBP) revisions became effective December 1, 2011.  These new rules greatly affect the way that creditors in Chapter 13 bankruptcy cases must present "proofs of claim."  

1. FRBP 3001 has been amended to increase the types of information required to be attached to a proof of claim. While Rule 3001 has always required a creditor produce a writing to support its claim, now a creditor must also attach information relative to the principal, interest, fees, and any other expenses incurred pre-petition - including arrearages.
  • 3001(C)(2)(A) - now requires an itemized statement.
  • 3001(C)(2)(B) - requires a statement of the amount needed to cure any arrearages or defaults,
  • 3001(C)(2)(C) - applies if a security interest is claimed in the debtor's principal residence.
  • 3001(C)(2)(D) - if the creditor fails to provide the information and documents requested, Rule 3001(c)(2)(D) now provides for sanctions against the creditor.
FRBP 3002.1 is a brand new rule that applies to proofs of claims filed in Chapter 13 cases only and to claims secured by the debtor's principal residence. Rule 3002.1 also deals with the finality of Chapter 13 cases and curing any discrepancies in final cure payments. Most significant in the amendments are the new provisions that may award sanctions for non-compliance with the new rules.
  • 3002.1(B) - a creditor secured by the debtor's principal residence is required to "file and serve on the debtor, debtor's counsel, and the trustee a notice of any change in the payment amount."
  • 3002.1(C) AND (D) - requires the creditor file and serve on the debtor, debtor's counsel, and the trustee a notice "itemizing all fees, expenses, or other charges." Part D requires that this notice be prepared on the official form known as B10S2 "Supplement 2" and is entitled "Notice of Postpetition Mortgage Fees, Expenses, and Charges."
  • 3002.1(F) AND (G) - relates to the duties of the Trustee at the end of the debtor's Chapter 13 case. Rule 3002.1(f) requires the trustee serve on the creditor, the debtor, and the debtor's counsel a notice stating "that the debtor has paid in full the amount required to cure any default on the claim."
  • 3002.1(I) - contains a sanctions provision for noncompliance.
Official Proof of Claim Form - Form 10 - In addition to the amendments and additions to the proof of claim rules, the official claim form 10 has been modified. 

The changes are for individual debtor cases only. Moreover, in regard to Rule 3001(c)(2)(C) if the security interest is in the debtor's principal residence, the new official form must be filed with the proof of claim, along with an escrow account statement if applicable.

The new Rule 3002.1 applies to Chapter 13 cases only with claims that are (1) secured by a security interest in the debtor's principal residence; and (2) provided for under Section 1322(b)(5) of the Code and the debtor's plan. 

Most notable of the new rules is that they now provide for sanctions for non-compliance.

Finally, the new proof of claim form is to be used in all cases filed under the Bankruptcy Code.

New Online Bankruptcy Resource

From Bloomberg's press release.

Bloomberg BNA announces the launch of the Bankruptcy Law Resource Center, a cutting-edge online platform that combines exclusive legal analysis and practice tools from the nation's leading bankruptcy law experts with renowned news coverage and comprehensive primary source information.

A free trial is offered.  To receive a complimentary trial Bloomberg indicates one should visit the Bankruptcy Law Resource Center at  http://www.bna.com/barc.

Read more here: http://www.sacbee.com/2012/01/10/4177599/bloomberg-bnas-bankruptcy-law.html#storylink=cpy

Read more here: http://www.sacbee.com/2012/01/10/4177599/bloomberg-bnas-bankruptcy-law.html#storylink=cpy

 

Debtors Representing Themselves May Soon Be Able to Electronically File

The Central District of California Court News recently announced that debtors appearing pro se (representing themselves) may be able to file over the Internet through a web-based interface.  Currently, attorneys who file more than a few cases are required to electronically file.  This would be an interesting development.  Electronically filing takes a great deal of care and an understanding of the Petition and its matching electronic entry forms.  Here is a portion of the article.
Electronic Filing for Self-Represented Debtors on the Horizon.
The Subcommittee of the Judicial Conference’s Committee on Court Administration and Case
Management has accepted a proposal by the Bankruptcy Court Administration Division for a pilot program allowing debtors representing themselves to fi le their cases electronically. Although the project is in search of a better name, for now it is called the “Pro Se Pathfi nder.” The Pro Se Pathfi nder will be a web-based application accessible via any public terminal within the Court or by any external web-enabled computer. While representation by an attorney is still preferable, this program will allow debtors to fi le accurate and complete documents more easily, and provide the Court better access to information on those documents. The Central District of California, where over 38,000 debtors choose to represent themselves each year, will join the Districts of New Jersey and New Mexico in implementing an electronic fi ling pilot program for self-represented debtors when it becomes available early next year. In order to adequately test this pilot before any national rollout, the Court is dedicating signifi cant resources to fully studying and addressing the needs of our self-represented litigants as we implement this new program. A committee is developing systems and rules to enable the program to be implemented smoothly, and teams will be setting up meetings with various bar associations around the district over the next four months to gather ideas and concerns related to our large self represented population.
Note that the Court indicates representation by a bankruptcy is still preferable.  Bankruptcy is a major life decision with long-lasting impacts.  I would recommend that one take the path of making sure an attorney guides one through the process.

For help with bankruptcy in Ventura, Oxnard and our surrounding communities, please contact Mansfield Law Office.

The Central District of California Bankrutpcy Court Welcomes Two New Judges

CENTRAL DISTRICT WELCOMES NEW BANKRUPTCY JUDGES JULIA W. BRAND AND NEIL W. BASON

From the Central District Court News
Judge Brand fills the position left vacant by Judge Geraldine Mund, who retired in February
and continues to sit as a recalled judge. Judge Brand will take over Judge Robles’ chapter 13
calendar starting November 7. Judge Bason fills the last temporary judgeship authorized for the
Central District, and will take over Judge Donovan’s chapter 13 calendar starting November 7.
Both judges will maintain chambers in Los Angeles.
Mansfield Law Office welcomes our new judges.
www.venturadebtlaw.com

Attorney Update: Central District of California Bankruptcy Court Clarifies Withdrawal of Motions

In order for a motion to be properly disposed of, withdrawal of motions must be docketed using the proper event code. To withdraw a motion, an attorney must create a pleading in standard pleading format and file it in the appropriate case using the Voluntary Dismissal of Motion event code. Do not use the Withdraw re: event code, as it is for documents other than motions.

The Voluntary Dismissal of Motion event code can be located from the CM/ECF menu bar under Bankruptcy > BKother > Voluntary Dismissal of Motion. The same event code is also to be used to withdraw a motion on an adversary proceeding.