Over 26 percent of the Central District's total bankruptcy filings in 2010 came from pro se debtors (debtors who file without attorney representation), over four times the national average of 6 percent. Approximately 46 percent of the district's Chapter 13 petitions were filed pro se, compared to 21 percent and 11 percent of Chapter 7 and Chapter 11 petitions, respectively.
Pro se debtors at all divisions have access to pro bono and low cost legal services through each division's pro bono programs and other resources. In 2010, the Central District's pro bono programs cumulatively assisted 7,636 pro se parties. A complete listing of pro bono services and contact information is available on the main page of the Court's website under the heading "Don't Have an Attorney?"
The Debtor Assistance Project (DAP) held its annual pro bono awards ceremony on January 26. The ceremony is held each year to recognize significant pro bono work in the legal community. The evening also included the announcement of the grand opening of the Los Angeles Division Bankruptcy Self-Help Desk, located on the first floor of the 300 N. Los Angeles Street Federal Building. Chief Judge Zurzolo led the ceremony, and he, Judge Donovan, and Judge Tighe served as presenters of the awards.
Sponsored by Public Counsel Law Center in conjunction with the Los Angeles County Bar Association, DAP provides legal assistance for low-income debtors. Attorneys volunteer to assist debtors with various legal bankruptcy issues, such as evaluating a debtor's financial situation to determine whether bankruptcy would be beneficial; answering questions regarding the preparation of petitions; counseling for reaffirmation agreement hearings; and representing debtors during adversary proceedings.
The Los Angeles Division Self-Help Desk assisted 1,294 pro se parties in 2010. The pro se clinics assisted 258 individuals, and 1,555 filers received pro bono assistance for their reaffirmation agreement hearings.
The Los Angeles Division Self-Help Desk opened in 2009. In 2010, it relocated from the ninth floor of the Roybal Building to the first floor of the Federal Building at 300 N. Los Angeles Street. The Self-Help Desk provides debtors with Chapter 7 and Chapter 13 bankruptcy information, bankruptcy forms, access to reference materials, and referrals for additional legal assistance. Income-eligible individuals interested in obtaining more information on filing for bankruptcy can also apply at the Self-Help Desk to participate in a clinic to learn more about the bankruptcy process.
The desk and clinic are both sponsored by Public Counsel Law Center, the Central District Consumer Bankruptcy Attorneys Association, and the Los Angeles County Bar Association Commercial Law and Bankruptcy Debtor Assistance Subcommittee. The Self-Help Desk is open Mondays and Wednesdays from 10:00 am to 12:00 pm and 2:00 pm to 4:00 pm. The Los Angeles Reaffirmation Agreement Clinics are held twice each month prior to the reaffirmation agreement hearings.
In 2010, 2,598 pro se parties received assistance from the San Fernando Valley Division Self-Help Desk. At reaffirmation agreement hearings, volunteer attorneys assisted 911 individuals.
Since its inception in 2007, the San Fernando Valley Division Self-Help Desk has been providing general bankruptcy information and offering legal help referrals to unrepresented parties. The Self-Help Desk is the result of a collaborative effort between the Court and local legal organizations, coordinated by Judge Tighe. The desk is open Mondays and Thursdays from 9:00 am to 12:00 pm and 1:00 pm to 4:00 pm. Bankruptcy seminars are also available on select days for debtors filing chapter 7 petitions.
In 2010, the Public Service Law Corporation (PSLC) hosted four free bankruptcy seminars for pro se parties in Riverside. The seminars helped guide individuals through each page of the chapter 7 petition package and answered questions from debtors. Each seminar hosted approximately 45 attendees.
The Santa Ana Legal Clinic provides legal advice on chapter 7 bankruptcy cases for low-income debtors not represented by an attorney. It is part of the Orange County Bankruptcy Pro Bono Program and is made possible through the cooperation of the Public Counsel Law Center, Orange County Bar Association Commercial Law and Bankruptcy Section, and the Orange County Bankruptcy Forum. In 2010, the clinic assisted 649 pro se parties. In addition to receiving pro bono advice, debtors can view a DVD that explains general bankruptcy information while waiting for assistance. The legal clinic is open every other Friday from 9:00 am to 11:00 am.
In 2010, the Northern Division Consumer Debt Clinic assisted 371 pro se debtors. In May, the clinic relocated from the Lompoc Courthouse to its current location at the Northern Division Courthouse in Santa Barbara. Launched in 2009, the clinic is made possible by the partnership between the Court and the Legal Aid Foundation of Santa Barbara County. It is open every other Friday from 9:30 am to 3:30 pm.
On January 26, Judges Bauer, P. Carroll, and Saltzman served as panelists at "An Evening with Our Judges," an event hosted by the Inland Empire Bankruptcy Forum. The judges answered questions submitted by attorneys before the event, and discussed various topics such as lien avoidances, filing adversary proceedings, motions to value, case assignments for the Riverside judges, reaffirmation hearing agreements, and fee installments.
On February 10, team leaders from the Santa Ana Division spoke at a dinner for the National Association of Legal Professionals (NALS), Orange County, California Chapter. The two speakers discussed Local Bankruptcy Rules changes, time computation rules and forms, the Lodged Order Upload (LOU) Program, and chapter 11 monthly operating reports. They also presented a brief overview of the Court website's home page.
Founded in 1959, NALS is an association for legal professionals with over 5,000 members. Its main objective is to enhance the competencies of legal professionals through continuing legal education, technology, and networking.
On March 20, the Central District Consumer Bankruptcy Attorneys Association hosted a seminar titled, "Meet the Court Clerk's Office: The Power Behind the Power." The event provided members of the Consumer Bar the opportunity to meet and hear remarks from Clerk of Court Kathleen J. Campbell and Chief Deputy of Operations Michael Rotberg. Clerk's Office staff presented the Court's filing statistics and discussed electronic case filings. Law clerks Jeffrey Cozad and Donna Curtis also spoke on "What Law Clerks Wished We Knew." The two-hour session was attended by 90 attorneys and helped promote continued open communication between the Court and the Consumer Bankruptcy Bar.
The Los Angeles Bankruptcy Forum hosted its annual "Ask the Judges" Night dinner on June 2 in downtown Los Angeles. Judges from throughout the Central District joined over 145 members of the legal community attending the event. Panelists included Chief Judge Zurzolo, Judges Ahart, Bauer, Bufford, Kwan, Neiter, Saltzman, and Tighe, with Judge Bluebond serving as moderator. The judges answered a wide array of questions touching on Local Bankruptcy Rules, procedures, and more.
On June 3, Judge Saltzman collaborated with other members of the legal community to present "Chapter 11 Focus: First Day Motions" to an audience of over 30 Los Angeles County Bar Association members. The panel discussed types of first-day motions, local procedures, and recent changes in bankruptcy law.
On July 16, the Orange County Bankruptcy Forum hosted a discussion with Judge Albert, Judge Kwan, and Judge Smith on how to help expedite the processing of case matters. The judges' tips were included in discussion on the timely service of judge's copies for filed documents, requesting ex parte and shortened time proceedings for urgent matters, and completing reaffirmation agreements thoroughly.
Participating as a panel member, Judge Riblet helped review the basics of bankruptcy before a packed audience for the event, "Bankruptcy Basics: An Introduction to Chapter 7 Consumer Bankruptcy Law." Held on July 29 at the Santa Barbara College of Law, the event was co-sponsored by the Legal Aid Foundation of Santa Barbara County and the Public Counsel Law Center. The panel also offered tips to attorneys new to practicing bankruptcy law.
The Court sponsored a brown bag session on October 29 to discuss methods to make Chapter 13 court procedures more efficient. Judge Kwan served as the moderator for a panel that comprised Chief Judge Zurzolo, Judge Ahart, Judge Bauer, Judge Jury, and Judge Kaufman.
The judges fielded questions and comments from attorneys, trustees, and other legal professionals. Topics included Chapter 13 Rights and Responsibilities Agreements (RARA) between debtors and their attorneys, increasing fees allowed under the RARA, and scope of appearance. The judges also answered questions on the new Local Bankruptcy Rules forms, expediting confirmation of chapter 13 plans, and modifying time computations.
Judge Bauer, Judge Jury, and Judge Saltzman served as panelists for the 17th Annual Consumer Law Seminar, held on October 2. The event was hosted by the Inland Empire Bankruptcy Forum. The judges addressed a variety of recent cases affecting consumer bankruptcy practice, focusing on decisions from the Supreme Court, the Ninth Circuit Court of Appeals, and the Bankruptcy Appellate Panel of the Ninth Circuit.
The seventh annual Run for Justice was held on March 20 at Dodger Stadium in conjunction with the 2010 Los Angeles Marathon. Each year, teams from law firms, corporations, government agencies, and non-profit organizations come together to help raise money for Public Counsel Law Center. Judge Tighe and several Chambers and Clerk's Office staff formed the U.S. Bankruptcy Court team. More than 400 individuals participated in this year's event, raising approximately $70,000.
The second annual Earle Hagen Golf Tournament was held on June 11 at the California Country Club in Whittier. Sponsored by the Los Angeles Bankruptcy Forum and the Central District Consumer Bankruptcy Attorney Association, the tournament is held in memory of Earle Hagen, who practiced as a bankruptcy attorney for over 40 years.
Chief Judge Zurzolo and Judges Kwan, Smith, and Tighe participated with more than 90 attorneys, trustees, and other members of the legal community. The tournament raised approximately $22,000, with all proceeds going to Public Counsel's Debtor Assistance Program.
The Bar Advisory Board was first proposed by Chief Judge Zurzolo and formed in 2009. The board is comprised of 12 volunteer attorneys who meet with the chief judge quarterly to discuss issues of mutual concern. The board has proven to be an invaluable means of soliciting ideas to improve the services provided by the Court. In 2010, the board created 21 forms that are under review by the Rules Committee and Board of Judges.
In 2010, the Central District donated over $42,000 through the Combined Federal Campaign. The Combined Federal Campaign (CFC) is a national workplace charity program in which federal, civilian, postal, and military employees can donate to participating nonprofit organizations of their choice. Since 1961, federal employees have raised over $6 billion to support charities in the United States and around the world.
In August, the Judicial Conference's Committee on Court Administration and Case Management approved a proposal by the Bankruptcy Court Administration Division for a pilot program allowing self-represented parties to file their cases electronically. The national group developing this e-file program is called the Pro Se Pathfinder. Judge Maureen A. Tighe is a member of the Pro Se Pathfinder and is leading the Court's participation in the pilot.
The e-file program being developed by the Pro Se Pathfinder is a web-based application that will allow electronic data entry functionality for unrepresented debtors. The application will capture and store all data included on the current official bankruptcy forms necessary for case upload. The debtors will then submit their paperwork to the Court's intake window, where a clerk will be able to extract the previously entered data into the case management system. The e-file program should improve filing accuracy and efficiency, as well as assist pro se debtors to navigate the filing process.
Three courts were chosen to pilot this program, scheduled for release in early 2011. The Central District will join the Districts of New Jersey and New Mexico in implementing electronic filing for unrepresented debtors. Judge Tighe has been guiding the Central District's local committee in developing systems and rules to enable a smooth implementation of the program.
The Central District of California Bankruptcy Court established its Bankruptcy Mediation Program in 1995 to provide the public with effective and reliable assistance in resolving disputes without the time and expense associated with litigation. With 185 members, the mediation panel consists of attorneys and non-attorney professionals such as accountants, real estate brokers, physicians, and professional mediators.
On October 5, the U.S. Bankruptcy Court and U.S. District Court co-hosted the Twelfth Annual Appreciation Luncheon, honoring mediators and settlement officers for the 2009-2010 term. Both courts recognized their panel members for their continued dedication and generous service in the field of Alternative Dispute Resolution. Over 100 guests attended the event, including Judge Ahart, Judge Bauer, Judge Bluebond, Clerk of Court Kathleen J. Campbell, and Chief Deputy of Operations Michael E. Rotberg. Judge Russell, the Central District's Mediation Program Administrator, spoke at the event.
During the 2009-2010 term, 4,258 matters were assigned to mediation and over 2,500 were settled. The settlement rate has remained at a very favorable 63 percent.