crtchesAn odd quirk in California’s bankruptcy exemptions was eliminated when the exclusion for pain and suffering damages was deleted.
Before January, 2013, someone filing bankruptcy could exempt money recovered for a personal injury up to $17,425.  But no part of any recovery for pain and suffering associated with that injury was exempt.
Bankruptcy exemptions  broadened
Assembly Bill 929, carried by  Assemblyman Bob Wieckowski and now signed into law in California, changed that by removing the exclusion of pain and suffering damages.  Bravo!
When someone is considering filing bankruptcy and has an unresolved personal injury claim, it’s hard to know how much the damages for bodily injury might be, as distinguished from pain and suffering.  A settlement of the claim may never have to address that level of detail.

(posted 3 days 7 hours ago)

Ally Financial Inc. said Tuesday it reached an agreement with its mortgage subsidiary Residential Capital LLC that could help accelerate its efforts to get out from government ownership. Read the Daily Bankruptcy Review article here.
(Daily Bankruptcy Review and DBR Small Cap are daily newsletters with comprehensive coverage and analysis of emerging and in-progress insolvencies and turnarounds. For a two-week trial, visit our homepage, scroll to the bottom and click “try for free.”)
According to The Wall Street Journal, two unions made a deal to represent 30,000 workers at American Airlines parent AMR Corp. and US Airways Group Inc. , which will soon merge.
According to Reuters, officials with Jefferson County, Ala., reached a deal with J.P. Morgan Chase & Co. and Bayerische Landesbank on $105 million in defaulted debt.

WSJ.com: Bankruptcy Beat
(posted 3 days 8 hours ago)

Receiving Wide Coverage ... Sick of JPMorgan Yet? The Times' "Deal Professor," Steven Davidoff, calls the fight over the upcoming JPMorgan shareholder vote "silly." Though severing the chairman and CEO roles has improved governance at many companies, he writes, "not all companies are alike," and he finds the benefits of the independent-chair model for a large, complex bank dubious. "No study to my knowledge has ever found that companies that do such a split are better…

BankThink
(posted 3 days 8 hours ago)

A modified version of Ed DeMarco’s securities-based model for housing finance reform could promote an active market for risk-sharing arrangements and further reduce systemic risk by distributing credit risk broadly.

BankThink
(posted 3 days 8 hours ago)

flatlineThe Supreme Court of Florida has decided that non-judge magistrates will be hearing foreclosure cases in addition to retired senior judges.  The new Amended Rule 1.490 would expand the use of general magistrates as an alternative to the use of senior judges to assist in processing foreclosure cases.  This could mercifully spell the end of senior judges in Florida, which could help restore some confidence in our judicial system.
Don’t get me wrong.  I doubt the magistrates will provide any greater level due process than the microscopic levels afforded to homeowners in the bizarro world of retired senior judges overseeing Foreclosure Court.  However, if a homeowner does not want his foreclosure case being decided by a non-judge, the homeowner may object, and there need be no legal basis for an objection.

Bankruptcy Law Network
(posted 3 days 10 hours ago)

chapter 7 bankruptcy debtor responsibilitiesIn bankruptcy, you’re faced with a laundry list of duties. Ignore them at your peril.
Making the decision to file for bankruptcy isn’t easy.
You’re poring over options, looking to solve your problem in the best way for you.
You’ve probably talked with a bunch of lawyers to find someone who knows the ropes and with whom you feel the most comfortable. Finally, you decide that Chapter 7 is the way to go.
Now dig in – you’ve got things to do.

Before Your Case Is Filed
A bankruptcy filing consists of a full-blown inventory of everything you own, everything you owe, and a fairly comprehensive detail of your finances over the past months and years.  We’ve talked about the documents you need to get your bankruptcy filing in order, so consider that as part of your responsibilities.

(posted 3 days 10 hours ago)

When we wrote that Rule 10b5-1 plans were back in the news in our January memo, it turns out that this continues to be accurate even now as the Wall Street Journal recently reported on the Council of Institutional Investors’ follow-up letter urging the SEC to regulate these trading plans. Richard Sandler in our capital markets practice discusses some of the main issues surrounding these plans and the CII proposal. 


  • Initial adoption of plans.  What should companies consider in terms of allowing executives to adopt these plans?

    Since the benefits of Rule 10b5-1 are only available if an insider adopts a plan while not in possession of any material nonpublic information, the window period immediately after the company announces earnings would be the best time for executives to adopt plans. CII asks that the SEC permit insiders to adopt plans only during open trading windows.

(posted 3 days 13 hours ago)

In the only bankruptcy case pending before it this term, a unanimous Supreme Court has ruled that the archaic term "defalcation" used in 11 U.S.C. Sec. 523(a)(4) requires  knowledge of, or gross recklessness in respect to, the improper nature of the relevant fiduciary behaviorcomplained of.    Bullock v. BankChampaign, No. 11-1518 (5/13/13), Slip Op., p.1, which can be found here.  While the case represents a setback for the creditor in the specific case, the judicial hairsplitting engaged in by the Court ensures that trial courts will continue to struggle with the meaning of "defalcation."
What Happened
In 1978, a father established a trust for the benefit of his five children and named his son Randy as trustee.    The trust allowed the trustee to borrow money against the asset of the trust, which was an insurance policy.    On three occasions, Randy borrowed against the policy to make loans to himself and his mother.   The first loan was made at the father's request.   All of the loans were repaid with interest.

(posted 3 days 18 hours ago)

On April 30, 2013, the United States Court of Appeals for
the Ninth Circuit held that the bankruptcy court has authority to
recharacterize as equity, rather than debt, advances of funds made purportedly
as a loan to the recipient prior to its bankruptcy. In re Fitness Holdings
International, Inc., --- F.3d ----, 2013
U.S. App. LEXIS 8729 (9th Cir. 2013) [an enhanced version of this opinion is available to lexis.com
subscribers
]. The Ninth Circuit, in reversing the district court,
held that the fact

(posted 4 days 1 hour ago)
Reuters
A General Electric car charging station for one of the first all-electric CODA EV cars in the parking structure at the Westfield Century City Mall in Los Angeles on March 16, 2012.

Add another problem to Coda Holdings Inc.’s fraught launch of its electric sedan.
In addition to selling few cars—and ending up in bankruptcy protection—Coda Monday said that the airbags in the vehicles that did find owners have a “potential safety issue.”
Crash-testing in March by the National Highway and Transportation Safety Authority found that the cars’ side curtain airbags “did not deploy as intended upon impact,” according to court papers filed by the company. The airbags still met applicable safety standards, but Coda acknowledged that there’s some risk associated with the problem.
“Sub-optimal deployment may result in sub-optimal protection for vehicle occupants in the event of a crash,” the company said in court papers.

WSJ.com: Bankruptcy Beat
(posted 4 days 2 hours ago)