Posts Tagged ‘attorneys’

Bankruptcy trends till March 2010

Friday, June 18th, 2010

As per the reports published by NBKRC (National Bankruptcy Research Center), bankruptcy filings in 2010 have been significantly higher as compared to 2009. The bankruptcy filings are about 15% higher during the first 5 months in 2010, in comparison to the same time period in 2009.

Recent researches reveal that the bankruptcy filings are highest in the Southeast and the Southwest region. Nevada and Georgia have topped the list of household-adjusted bankruptcy filing rates, whereas lowest filing rates have been in the District of Columbia, Alaska and South Carolina.

Industry experts are of the view that the recent economic downturn (2007-2009) has led to more number of bankruptcy filings, especially among the middle-class people. As per the National Bankruptcy Research Center, personal bankruptcy filings have hit 1.41 million in 2009 that is 32% more from the year 2008.

In the 12-month period that ended in 31st March 2010, the bankruptcy filings have increased by about 27% as compared to that of 2009. As per the statistics released by the Administrative Office of the US Courts, there have been a total of 1,531,997 bankruptcy filings in the 12-month period that ended in 31st March 2010. It is significantly more than that the bankruptcy filings in the 12-month period that had ended in 31st March 2009. The figures show highest consumer-bankruptcy filings since 12-month period that had ended in March 31 2006, when the BAPCPA (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) had come into effect.

Attorneys, who help people to file bankruptcies, have noticed certain bankruptcy trends in the recent times. The trends are discussed below.

  • More Chapter 7 filings in recent times: The bankruptcy trends in 2009 and 2010 reveal that Chapter 7 bankruptcy filings are much more as compared to Chapter 13 bankruptcy. Chapter 7 filings have risen to about 34% in May 2010 in comparison to March 2009; whereas, Chapter 13 filings have risen to about 12% in the same time period.
  • High income/employed people filing more: A few years back, people earning between $(40,000 – 80,000) annually used to file bankruptcy. However, in the recent times, bankruptcies are comparatively more common among people earning high-income salary, as much as 6 figures annually. Due to economic downturn, many people have either lost their jobs or had to manage with relatively smaller paychecks.  So, according to industry experts, people are yet to adjust their lifestyle as per their smaller paychecks and they’re also struggling to pay off debts.

The trend also reveals that employed people are filing more in comparison to those who’ve lost their jobs. This may be due to the fact that the home values have fallen significantly month after month and the homeowners have lost the hope that the property values would recover soon. As a result, the homeowners are filing for bankruptcy in order to get out from their upside-down mortgage. As per industry experts, bankruptcy filing may continue to rise more in the rest of 2010.

As per the reports published by NBKRC (National Bankruptcy Research Center), bankruptcy filings in 2010 have been significantly higher as compared to 2009. The bankruptcy filings are about 15% higher during the first 5 months in 2010, in comparison to the same time period in 2009.   Recent researches reveal that the bankruptcy filings are highest in the Southeast and the Southwest region. Nevada and Georgia have topped the list of household-adjusted bankruptcy filing rates, whereas lowest filing rates have been in the District of Columbia, Alaska and South Carolina.    Industry experts are of the view that the recent economic downturn (2007-2009) has led to more number of bankruptcy filings, especially among the middle-class people. As per the National Bankruptcy Research Center, personal bankruptcy filings have hit 1.41 million in 2009 that is 32% more from the year 2008.  In the 12-month period that ended in 31st March 2010, the bankruptcy filings have increased by about 27% as compared to that of 2009. As per the statistics released by the Administrative Office of the US Courts, there have been a total of 1,531,997 bankruptcy filings in the 12-month period that ended in 31st March 2010. It is significantly more than that the bankruptcy filings in the 12-month period that had ended in 31st March 2009. The figures show highest consumer-bankruptcy filings since 12-month period that had ended in March 31 2006, when the BAPCPA (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) had come into effect.   Attorneys, who help people to file bankruptcies, have noticed certain bankruptcy trends in the recent times. The trends are discussed below.

  • More Chapter 7 filings in recent times: The bankruptcy trends in 2009 and 2010 reveal that Chapter 7 bankruptcy filings are much more as compared to Chapter 13 bankruptcy. Chapter 7 filings have risen to about 34% in May 2010 in comparison to March 2009; whereas, Chapter 13 filings have risen to about 12% in the same time period.
  • High income/employed people filing more: A few years back, people earning between $(40,000 – 80,000) annually used to file bankruptcy. However, in the recent times, bankruptcies are comparatively more common among people earning high-income salary, as much as 6 figures annually. Due to economic downturn, many people have either lost their jobs or had to manage with relatively smaller paychecks.

So, according to industry experts, people are yet to adjust their lifestyle as per their smaller paychecks and they’re also struggling to pay off debts.  The trend also reveals that employed people are filing more in comparison to those who’ve lost their jobs. This may be due to the fact that the home values have fallen significantly month after month and the homeowners have lost the hope that the property values would recover soon. As a result, the homeowners are filing for bankruptcy in order to get out from their upside-down mortgage. As per industry experts, bankruptcy filing may continue to rise more in the rest of 2010.

OC Chapter 7 Bankruptcy filings, November 2009

Wednesday, December 9th, 2009

As we get closer to the end of this year, Chapter 7 bankruptcy filings for the month of November 2009 have not decreased.

Research done by a leading bankruptcy law firm concluded that Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, Mission Viejo,  Newport Beach, Orange, and Santa Ana are reported as the cities with the most cases filed.

Chapter 7 bankruptcy attorneys have also seen a high number of bankruptcies filed in Westminster, Tustin, Lake Forest, Buena Park and Aliso Viejo.

New Audit Report Designed for Bankruptcy Judges & Trustees

Friday, March 20th, 2009

It seems that allowing bankruptcy judges to modify mortgages is leading to entrepreneurial ventures by firms seeing the new change as an opportunity.

A California company has designed a new audit report to help bankruptcy judges and trustees.

From Yahoo news:

“A specialist in providing forensic loan audits for attorneys and financial institutions has developed a new product designed for bankruptcy attorneys, judges and trustees, who will soon be operating under a law allowing judges to restructure residential mortgages in bankruptcy proceedings.

Industry analysts predict that the pending legislation, which has passed the House and is expected to win Senate approval, will produce a surge in bankruptcy filings, as financially-pressed borrowers seek bankruptcy protection in an effort to avoid foreclosure…

Audit reports can consist of approximately 100+ pages of information. In order to expedite the review process, a concise, two-page summary of the audit will highlight all relevant information about the transaction and the parties involved in it.”

For More Information, click here

Orange County’s John Laing Homes Files for Bankruptcy

Monday, February 23rd, 2009

Attorneys for Orange County companies filing for bankruptcy are having a busy 2009.

From the OC Register online:

“Troubled O.C. builder John Laing Homes — owned by a Dubai-based real estate empire — entered bankruptcy today with what court papers say was an estimated $977 million in liabilities and $1.3 billion in assets at the end of fiscal 2008, a year in which the Irvine-based luxury home builder sold $287 million worth of homes.

The company issued this statement:

John Laing Homes, one of the largest privately held homebuilders in the United States, announced today that it, along with certain of its affiliates, have elected to file Chapter 11 petitions in the US Court for the District of Delaware. John Laing Homes anticipates that the Chapter 11 process will allow it to significantly reduce debt from its balance sheet while facilitating a strategic reorganization of the company, which will place it in the strongest possible position to sustain its momentum despite extremely challenging market conditions. In conjunction with the Chapter 11 filing, John Laing Homes intends to utilize a debtor in possession line of credit that has been organized to maintain operations. As well, the company has filed motions to support its planned operations during the reorganization process.

Laing Homes sold for $1.05 billion in 2006 to Dubai-based Emaar Properties PJSC, a deal made at the peak of the housing market. Court papers show that Emaar invested another $600 million in Laing since the acquisition. The company’s origins date to 1848 when James Laing, father of John, built his first home in the English countryside.

Laing has five ongoing projects in Orange County: Sendero at Portola Springs, Stone tree Manor at Woodbury and Four Quartets at Woodbury, all in Irvine; Lucia at Talega in San Clemente and SeaPoint at Crystal Cove in Newport Coast. It also has developed communities at the former Tustin Marine Air Corps Station and Forster Ranch in San Clemente.”

Biotechnology Companies Affected By Finance Crisis

Wednesday, December 3rd, 2008

Although untold numbers of real estate and mortgage companies in Orange County have fallen victim to bankruptcies lately, Orange County’s biotechnology companies have not suffered to the same extent. Biotech companies elsewhere have not been as lucky, though, as seen by recent and unprecedented bankruptcy filings, as well as in the cut in funds allocated to the development of new drugs to treat diseases such as multiple sclerosis, Alzheimerʼs and Parkinsonʼs.

Last month, at least five notable U.S. biotechnology companies filed bankruptcy, something unusual for the industry. Biotechnology bankruptcies have been relatively rare, as struggling companies have opted for other solutions, such as new investors, mergers, or new licensing or development deals.

Tactics used by some biotechnology companies to avoid bankruptcy include downsizing, moving to smaller offices, shelving early research projects and delaying research on new drugs, all in order to avoid looking for a bankruptcy attorney.

No one would suggest that the top companies are at risk, but Orange County is home to some of the best and fastest growing companies in the U.S. So far, leading Orange County compnies such as Advanced Medical Optics headquartered in Santa Ana, Beckman Coulter headquartered in Fullerton and Edwards Lifesciences headquartered in Irvine appear to be unaffected by the recent economic turmoil. However, BioLASE, Inc., of Irvine announced a planned reduction of 20% of its workforce earlier this week.

Investors are expected to come back once the economy gets stable, so the biotechs continue working on projects like a prostate cancer therapy, a polio vaccine and new diabetes treatments.

For more information, click here

Fifteen SunCal-Lehman Brothers Developments in Bankruptcy

Friday, November 14th, 2008

The number of Sun-Cal Cos. Developments that have faced bankruptcy petitions increased by three this week, bringing to 15 the total of Irvine-based, SunCal-Lehman Brother projects in California that are under U.S. Bankruptcy Court supervision.

The total of SunCal voluntary and involuntary petitions submitted by attorneys reached 15 after the filing of the Northlake development in Castaic and its Oak Valley and Heartland projects in Beaumont, along with a petition against the SunCal Marblehead development in San Clemente.

The involuntary petitions take place when one of the parties, in this case Lehman Brothers, who financially backed up the projects, does not consent to a voluntary bankruptcy filing. Thus, involuntary bankruptcy is the only way SunCal can get their projects into bankruptcy court, in order to get additional financing.

Officials of SunCal also disclosed that involuntary bankruptcy petitions are to be expected within days on the other five developments controlled by Lehman. David Soyka, SunCal company spokesman, said that Lehman has cut off critical funding for their developments since the investment bank had its lawyers submit their petition for bankruptcy in September.

Soyka said that SunCal has lined up a partner willing to provide $75 million. But SunCal’s proposed bankruptcy lender is requiring priority over Lehman’s liens before providing the financing.

Some of the SunCal Cos. Developments filed for bankruptcy are located in the cities of San Juan Capistrano and San Clemente in Orange County. Others are located in Riverside County, in the cities of Yucaipa, Modesto, Rubidoux and Beaumont.

Read a related article at the OC Register.