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Bankruptcy Filings Down 12 Percent in Calendar Year 2013

February 14, 2014 Comments off

Bankruptcy Filings Down 12 Percent in Calendar Year 2013
Source: United States Courts

In calendar year 2013, there was a 12 percent drop in cases filed in federal bankruptcy courts. During the 12-month period ending December 31, 2013, 1,071,932 bankruptcy cases were filed, down from the 1,221,091 bankruptcy cases filed in calendar year 2012.

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Verizon v. Federal Communications Commission (net neutrality)

January 16, 2014 Comments off

Verizon v. Federal Communications Commission (PDF)
Source: U.S. Court of Appeals, District of Columbia

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or to require, as it is popularly known, “net neutrality.” In Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010), we held that the Commission had failed to cite any statutory authority that would justify its order compelling a broadband provider to adhere to open network management practices. After Comcast, the Commission issued the order challenged here—In re Preserving the Open Internet, 25 F.C.C.R. 17905 (2010) (“the Open Internet Order”)—which imposes disclosure, anti-blocking, and anti-discrimination requirements on broadband providers. As we explain in this opinion, the Commission has established that section 706 of the Telecommunications Act of 1996 vests it with affirmative authority to enact measures encouraging the deployment of broadband infrastructure. The Commission, we further hold, has reasonably interpreted section 706 to empower it to promulgate rules governing broadband providers’ treatment of Internet traffic, and its justification for the specific rules at issue here—that they will preserve and facilitate the “virtuous circle” of innovation that has driven the explosive growth of the Internet—is reasonable and supported by substantial evidence. That said, even though the Commission has general authority to regulate in this arena, it may not impose requirements that contravene express statutory mandates. Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such. Because the Commission has failed to establish that the anti-discrimination and anti-blocking rules do not impose per se common carrier obligations, we vacate those portions of the Open Internet Order.

2012 Report Shows More Repeat Bankruptcy Filers

October 23, 2013 Comments off

2012 Report Shows More Repeat Bankruptcy Filers
Source: U.S. Courts

During calendar year 2012, 1.1 million bankruptcy petitions were filed by individuals with primarily consumer debt. Filers had a median average monthly income of $2,743, most filed under chapter 7, and for more debtors in 2012 this was not the first time they had filed for bankruptcy.

These and other statistics on individuals filing for bankruptcy in 2012 under chapters 7, 11, and 13 are found in the annual report (pdf) required by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 and now available online.

When Cities Go Bankrupt

July 19, 2013 Comments off

When Cities Go Bankrupt
Source: U.S. Courts

The City of Detroit has declared bankruptcy under Chapter 9 of the Bankruptcy Code. Chapter 9 provides for reorganization of municipalities, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.

Chapter 9 filings are not common. From 1991-2012 there were 217 Chapter 9 bankruptcies filed nationwide, with 20 filed in FY 2012. The majority of the cases have been for utility districts and not sovereign government entities.

United States v. Apple Inc. (ebook price fixing)

July 12, 2013 Comments off

United States v. Apple Inc.
Source: U.S. District Court, Southern District of New York

This Opinion explains how and why the prices for many electronic books, or “e-books,” rose significantly in the United States in April 2010. Plaintiffs the United States of America (“DOJ”) and thirty-three states and U.S. territories (the “States”) (collectively, “Plaintiffs”), filed these antitrust suits on April 11, 2012, alleging that defendant Apple Inc. (“Apple”) and five book publishing companies conspired to raise, fix, and stabilize the retail price for newly released and bestselling trade e-books in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 (“Sherman Act”), and various state laws. These cases represent two of four related actions brought before this Court alleging the same e-books price-fixing conspiracy between Apple and the publishers. The publishers are Hachette Book Group, Inc. (“Hachette”), HarperCollins Publishers LLC (“HarperCollins”), Holtzbrinck Publishers LLC d/b/a Macmillan (“Macmillan”), Penguin Group (USA), Inc. (“Penguin”), and Simon & Schuster, Inc. (“Simon & Schuster” or “S&S”) (collectively, “Publisher Defendants”).

Only Apple proceeded to trial; the Publisher Defendants have settled their claims with both the DOJ and the States. This Opinion presents the Court’s findings of fact and conclusions of law following the bench trial that was held from June 3 to 20, 2013 to resolve the issue of Apple’s liability and the scope of any injunctive relief. As described below, the Plaintiffs have shown that Apple conspired to raise the retail price of e-books and that they are entitled to injunctive relief. A trial on damages will follow.

Wiretap Report 2012

July 1, 2013 Comments off

Wiretap Report 2012
Source: U.S. Courts
From press release:

In calendar year 2012, a total of 3,395 orders authorizing the interception of wire, oral, or electronic communications, or wiretaps, were approved by state and federal judges. The Administrative Office of the United States Courts (AO) is required by statute to report to Congress the number of federal and state applications for orders authorizing or approving wiretaps. The 2012 Wiretap Report and previous annual reports are available online, along with responses to frequently asked questions.

For the 2012 reporting period, January 1, 2012 to December 31, 2012, 97 percent of all wiretaps were authorized for “portable devices,” a category that includes cellular telephones and digital pagers. In addition, 87 percent of all 2012 applications for intercepts cited illegal drugs as the most serious offense under investigation. As of December 31, 2012, a total of 3,743 persons had been arrested and 455 persons had been convicted as a result of interceptions reported as terminated.

The Wiretap Report does not include data on interceptions regulated by the Foreign Intelligence Surveillance Act of 1978. The AO is not authorized to collect or report this data.

No report to the AO is needed when an order is issued with the consent of one of the principal parties to the communication. No report is required for the use of a pen register unless the pen register is used in conjunction with any other wiretap devices whose use must be recorded.

Forty-eight jurisdictions, including the federal government, the District of Columbia, the Virgin Islands, Puerto Rico, and 44 states, have laws authorizing courts to issue orders permitting wire, oral, or electronic surveillance.

Bankruptcy Filings Decline in Calendar Year 2012

February 4, 2013 Comments off

Bankruptcy Filings Decline in Calendar Year 2012

Source: U.S. Courts

Bankruptcy filings in the federal courts fell 13 percent in calendar year 2012, according to data released today by the Administrative Office of the U.S. Courts. The number of bankruptcies filed in the 12-month period ending December 31, 2012, totaled 1,221,091, down from the 1,410,653 bankruptcies filed in CY 2011.

Statistics released today include business and non-business filings for the 12-month period ending December 31, 2012 (Table F-2, 12-month); a comparison of December 2011 and 2012 filings (Table F); 4th quarter filings (Table F-2, 3-month); monthly filings for the 12-month period ending December 31, 2012 (Table F-2, Year-Month); and filings per capita.

Bankruptcy Filings Down in Fiscal Year 2012

November 7, 2012 Comments off

Bankruptcy Filings Down in Fiscal Year 2012

Source: United States Courts

Bankruptcy cases filed in federal courts for fiscal year 2012, the 12-month period ending September 30, 2012, totaled 1,261,140, down 14 percent from the 1,467,221 bankruptcy cases filed in FY 2011, according to statistics released today by the Administrative Office of the U.S. Courts.

2011 Report Details Consumer Bankruptcy Filings

August 27, 2012 Comments off

2011 Report Details Consumer Bankruptcy Filings
Source: U.S. Courts

A 2011 statistical report on debtors with primarily consumer debt filing for bankruptcy shows an 11 percent drop in case filings, a 23 percent drop in filer assets, 25 percent drop in filer liabilities and a 28 percent incidence of repeat filers.

The report, required by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), includes statistics on debtors who are individuals seeking debt relief under chapters 7, 11, and 13. It is compiled by the Administrative Office of the United States Courts.

Bankruptcy Filings Slide in Calendar Year 2011

February 9, 2012 Comments off

Bankruptcy Filings Slide in Calendar Year 2011
Source: U.S. Courts

Bankruptcy filings in the federal courts fell 11.5 percent in calendar year 2011, according to data released today by the Administrative Office of the U.S. Courts. The number of bankruptcies filed in the twelve-month period ending December 31, 2011, totaled 1,410,653, down from 1,593,081 bankruptcies filed in CY 2010.

An historic high in the number of bankruptcy filings was seen in CY 2005, when over 2 million bankruptcies were filed. Although filings dropped in CY2006, the first full 12-month period after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) took effect, they have grown steadily every year since. CY 2011 is the first calendar year to show a decrease in total filings since 2006.

Statistics released today include business and non-business filings for the 12-month period ending December 31, 2011 (Table F-2, 12-month); a comparison of December 2010 and 2011 filings (Table F); 4th quarter filings (Table F-2, 3-month); monthly filings for the 12-month period ending December 31, 2011 (Table F-2, Year-Month); and filings per capita.

Bankruptcy Filings Down in Fiscal Year 2011

November 7, 2011 Comments off

Bankruptcy Filings Down in Fiscal Year 2011
Source: U.S. Courts

Bankruptcy cases filed in federal courts for fiscal year 2011, the 12-month period ending September 30, 2011, totaled 1,467,221, down 8 percent over the FY 2010 bankruptcy filings of 1,596,355, according to statistics released today by the Administrative Office of the U.S. Courts. Filings dropped during the fourth quarter of the Judiciary’s fiscal year, with 15 percent fewer filings than in the same three-month period in 2010.

Additional statistics released today include business and non-business bankruptcy filings for the 12-month period ending September 30, 2011 (Table F-2, 12-month); a comparison of September 2010 and 2011 filings (Table F), 4th quarter filings (Table F-2, 3-month); and monthly filings for the 12-month period ending September 30, 2011 (Table F-2, Monthly).

Newly Posted: 2010 Report of Statistics Required by Bankruptcy Law

August 22, 2011 Comments off

Newly Posted: 2010 Report of Statistics Required by Bankruptcy Law
Source: United States Courts

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires the director of the Administrative Office of the U.S. Courts to submit an annual report to Congress on certain bankruptcy statistics. The report for calendar year 2010 is now available.

The report, which includes multiple charts and an interactive map, shows that more 1.5 million bankruptcy petitions were filed by individuals with predominately nonbusiness debt in 2010 – an increase of 9 percent over 2009.

About 71 percent of those petitions were filed under Chapter 7 of the Bankruptcy Code, the same percentage as in 2009. Under Chapter 7, a debtor’s assets are liquidated and the nonexempt proceeds are distributed to the debtor’s creditors.

About 28 percent of the 2010 petitions were filed under Chapter 13, in which individuals who have regular income and debts below a statutory threshold make installment payments to creditors under a court-approved plan. The remaining 1 percent of the petitions were filed under Chapter 11, which allows debtors to formulate plans for repaying creditors.

+ Bankruptcy Statistics

Wiretap Report 2010

August 22, 2011 Comments off

Wiretap Report 2010
Source: United States Courts

A total of 3,194 intercepts authorized by federal and state courts were completed in 2010, an increase of 34 percent compared to the number reported in 2009. The number of applications for orders reported by federal authorities was 1,207. The umber of applications reported by state prosecuting officials was 1,987, with 25 states providing reports. Installed wiretaps were in operations an average of 40 days per wiretap in 2010, compared to 42 days in 2009. The average number of persons whose communications were intercepted rose from 133 per wiretap order in 2009 to 118 per wiretap order in 2010. Twenty-six percent of intercepted communications in 2010 were incriminating.

Newly Posted: 2010 Report of Statistics Required by Bankruptcy Law

August 15, 2011 Comments off

Newly Posted: 2010 Report of Statistics Required by Bankruptcy Law
Source: U.S. Courts

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires the director of the Administrative Office of the U.S. Courts to submit an annual report to Congress on certain bankruptcy statistics. The report for calendar year 2010 is now available.

The report, which includes multiple charts and an interactive map, shows that more 1.5 million bankruptcy petitions were filed by individuals with predominately nonbusiness debt in 2010 – an increase of 9 percent over 2009.

About 71 percent of those petitions were filed under Chapter 7 of the Bankruptcy Code, the same percentage as in 2009. Under Chapter 7, a debtor’s assets are liquidated and the nonexempt proceeds are distributed to the debtor’s creditors.

About 28 percent of the 2010 petitions were filed under Chapter 13, in which individuals who have regular income and debts below a statutory threshold make installment payments to creditors under a court-approved plan. The remaining 1 percent of the petitions were filed under Chapter 11, which allows debtors to formulate plans for repaying creditors.

+ Bankruptcy Statistics

United States of America v. Johnny Reid Edwards — Indictment

June 3, 2011 Comments off

United States of America v. Johnny Reid Edwards — Indictment (PDF)
Source: U.S. District Court, Middle District of North Carolina (via Courthouse News Service)
From Courthouse News Service:

Former Sen. John Edwards was indicted by a federal grand jury in North Carolina today (Friday) for allegedly taking illegal presidential campaign contributions while carrying on his much-publicized affair.

Edwards, 58, a two-time presidential hopeful, faces six counts all together that each carry maximum five-year prison sentences and $250,000 fines.

Between 2007 and 2008, while Edwards was campaigning for the Democratic presidential nomination, he accepted $900,000 in illegal campaign contributions as part of an effort to conceal his ongoing affair with Rielle Hunter, according to the indictment.

Edwards allegedly used these funds to cover living, medical and travel expenses for Hunter, a former campaign aide who ultimately revealed that Edwards had fathered her daughter. Edwards’ wife, Elizabeth, died of breast cancer in December 2010.

Bankruptcy Filings Up Slightly in March

May 6, 2011 Comments off

Bankruptcy Filings Up Slightly in March
Source: U.S. Courts

Bankruptcy filings for the 12-month period ending March 31, 2011, rose 2.6 percent when compared to bankruptcy filings for the 12-month period ending March 31, 2010, according to statistics released today by the Administrative Office of the U.S. Courts. March 2011 bankruptcy filings totaled 1,571,183, with 1,531,997 bankruptcy cases filed in the 12-month period ending March 31, 2010.

Filings in the Federal Judiciary Continued to Grow in Fiscal Year 2010

April 6, 2011 Comments off

Filings in the Federal Judiciary Continued to Grow in Fiscal Year 2010
Source: U.S. Courts

In fiscal year 2010, the federal district courts saw continued growth in civil, criminal, and bankruptcy filings, as well as the number of pretrial services cases and persons under supervision. This continues a decade-long trend of growth in these filings. Only the total number of appeals filed declined, pulled down by slight drops in criminal and administrative agency appeals. The number of civil appeals filed remained relatively unchanged.

+ Judicial Business 2010

Growth in Bankruptcy Filings Slows In Calendar Year 2010

February 15, 2011 Comments off

Growth in Bankruptcy Filings Slows In Calendar Year 2010
Source: United States Courts

Bankruptcy filings in the federal courts rose 8 percent in calendar year 2010, according to data released today by the Administrative Office of the U.S. Courts. Total filings remain at a five-year high.

The number of bankruptcies filed in the twelve-month period ending December 31, 2010, totaled 1,593,081, up from 1,473,675 bankruptcies filed in CY 2009.

Filings have grown steadily since CY 2006, when bankruptcy filings totaled 617,660, in the first full 12-month period after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) took effect. An historic high in the number of bankruptcy filings was seen in CY 2005, when over 2 million bankruptcies were filed in anticipation of BAPCPA.

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